US Business Visas

EB-2 visas are a type of permanent resident category (i.e., a Green Card) available to workers with advanced degrees or exceptional ability.

• Advanced Degree: Foreign workers with an advanced degree beyond a U.S. Bachelor’s degree (such as Master’s or Doctorate degrees) or its equivalent (such as a Bachelor’s degree and at least five years of related work experience).
• Exceptional Ability: Applicants can also qualify for an EB-2 Foreign workers with exceptional ability in art, business, or science. Exceptional ability is defined as a degree of expertise significantly above that ordinarily encountered.

Labor Certification Usually Required

EB-2 visas generally require an approved Labor Certification from the Department of Labor.
The EB-2 Process with Labor Certification is typically comprised of three steps:

1. Permanent Labor Certification (PERM): The employer files for Permanent Labor Certification with the Department of Labor using the PERM system (“PERM labor certification”). The employer must show that a job opening is available in a specified professional field, that the job opening is available to U.S. workers but no U.S. workers are qualified or interested, and that the employer will pay the prevailing rate for the job. The Department of Labor will issue a PERM labor certification if all the requirements are met.

   Note: Individuals seeking a national interest waiver may skip this first step.

2. Form I-140: After the PERM labor certification is issued, the employer must file a Form I-140, petitioning for an EB-2 visa.
3. Consular Processing or Adjustment of Status: If the I-140 is approved and a visa is available (meaning that there is no visa waiting list for the application), then the foreign worker can obtain delivery of their Green Card by either consular processing (if located abroad) or file for Adjustment of Status (if in the U.S.).

Exception to the PERM Labor Certification: The National Interest Waiver

A National Interest Waiver allows a foreign worker to apply directly for permanent residency in the EB-2 category by filing form I-140 with supporting evidence. Obtaining approval of a National Interest Waiver is challenging. The applicant’s employment in the U.S. must be determined to be in the national interest. National Interest Waivers are generally granted to exceptional individuals whose employment would greatly benefit the U.S. Individuals seeking a national interest waiver may self-petition and do not need to undergo the Department of Labor’s Labor Certification process.

Approval and Green Card Benefits

If approved, the foreign worker will receive their green card and become a resident of the U.S. They will be able to travel to and from the U.S. without restrictions and will be authorized to work in the U.S. EB-2 visa holders may bring their dependents (spouse and children) to the U.S. as well.