EB-2 Visa for Second Priority Workers

EB-2 Visa

EB-2 visa is issued for professionals with advanced degrees and people with extraordinary abilities in science, or business and arts.
EB-2 visa means that the visa holder will move permanently to the U.S to work in the field of expertise and enjoy the rights of permanent Green Card holders. A foreign worker who have found an employer who is willing to hire them to come to the U.S permanently and work without an Employment Authorization Document.
They have to pay all applicable taxes and follow the U.S laws. The visa holder can travel in and out of the U.S, change jobs after a few years, move from one state to the other. They can also apply for a U.S citizenship and become naturalized when qualified.
EB-2 visa which is also known as second priority workers visa which is issued for people who have advanced degree holders, exceptional abilities in business, sciences and art and those who can get National Interest Waiver.

1. People with exceptional abilities – who have demonstrated exceptional abilities and achievements in business, arts, or sciences.
2. National Interest Waiver – who can demonstrate that working in the U.S would benefit the country and is in the U.S national interest and obtain national interest wavier.
3. Advanced Degree Holders – advanced educational degrees like Bachelor’s or a Master’s Degree.

In order to be eligible for an EB-2 visa, a foreign worker need to meet the below requirements:

• The applicant must have academic records obtaining advanced educational degree such as a bachelor’s or master’s degree, certificates, or awards which prove to have achieved excellence in business, arts, or sciences, or other fields of expertise.
• The applicant must have a letter from the previous employer’s confirming of 5 or 10 years of work experience in the field of expertise after completing of Bachelor’s Degree as per the requirement.
• A license or a certification to permits the applicant can practice the profession.
• Salary certificates to prove that the applicant has received high salary from previous jobs which show that the applicant have exceptional abilities.
• The applicant should have won recognitions for achievements and contribution in the field of expertise by their organizations, or government for the national interest waiver, the applicant must submit proof that the work is in the interest of the U.S government.
• If U.S employer is hiring a foreign worker as a sponsor, they need to prove that the sponsor could not find a qualified U.S worker and hence the employer need to hire a foreign worker.
• The company is financially stable and can afford to pay the foreign worker without discriminating, that they will pay them the same wage you would pay a U.S worker in the same job position to a foreign worker.

Visa application process

The visa application process starts in the US from the employer filing a petition.

• The U.S employer obtains labor certification and files the necessary petitions.
• After approval, the foreign employee applies for the EB-2 visa at a U.S Embassy in their home country.

Employers process for visa application

1. Getting the labor certification
The employer need to get a labor certification by the U. S Department of Labor by filing Form ETA 750 to the DOL.This form states that the employer has tried to find a U.S employee for that job position but could not and that the foreign worker will be paid a prevailing wage.
The form is processed by the department of labor and the employer and employee are notified of the decision. If approved, the U.S employer.

2. Filing the petition
The employer also should file a petition to USCIS by filing Form I-140, Immigrant Petition for Alien Worker with financial statements, and tax returns to prove that the company is financially stable.
USCIS will process the petition and will notify the employer. If approved, the case will go to the National Visa Center NVC.NVC, will assign a case number and invoice ID number. These documents will be part of the package with instructions on how to apply that will be sent to the foreign employee in their home country.