EB2 Visa Requirements: How to Qualify for an EB2 Visa

The EB2 visa is a powerful immigration option. Through the EB2 visa, someone with an advanced degree, exceptional ability, or who can perform work in the national interest in the United States may be eligible for a green card.

In this guide, I will explain the EB2 visa requirements. If you have any questions about the EB2 visa requirements or the EB2 visa in general, please feel free to email me at Michael@AshooriLaw.com. I’m very responsive via email, and I would be happy to help you.

Overview:

1. Overview of EB2 Visa Requirements

2. Advanced Degree, Exceptional Ability, or National Interest

3. Valid Job Offer

4. PERM Labor Certification (No Willing and Able American Workers)

5. Conclusion

1. Overview of the EB2 Visa Requirements 

The EB2 visa is the second-preference employment-based green card. It has less strict requirements than the EB1 visa but more strict requirements than the EB3 visa. The following is a brief list of the three requirements. More in-depth information about each requirement will follow.

The EB2 visa requirements are as follows:

• You must have an advanced degree, exceptional ability, or work in the national interest of the United States.

• You must have a valid job offer.

• PERM Labor Certification (There must not be any other willing and able American workers for the job)

2. Advanced Degree, Exceptional Ability, or National Interest 

The first requirement to qualify for an EB2 visa is that you must either hold an advanced degree, have exceptional ability, or promote work in the national interest of the United States.

Advanced Degree

To qualify as someone with an advanced degree, you must hold a post-baccalaureate degree. You can also qualify if you have a bachelor’s degree with 5 years minimum of relevant work experience. You should provide official academic records or statements from employers as evidence. The degree and/or work experience must be relevant to the work you will be doing in the United States.

Exceptional Ability

To qualify as someone with exceptional ability, you must have ability “significantly above” those in your field. The exceptional ability can be in business, science, or the arts. You must have exceptional ability in the area where you hope to work in the United States. To prove exceptional ability, you must have at least three of the following:

• 10 years of relevant work experience

• An official academic record showing you have a degree in related field

• License to practice in the field

• Evidence of a salary consistent with “exceptional ability”

• Membership in a relevant professional association

• Recognition in the field by peers, officials, and/or professional organizations

• Other comparable evidence

National Interest

To qualify as someone working in the national interest of the United States, you must prove that the work you will do will directly benefit the United States. You must apply in the National Interest Waiver subcategory of the EB2. On top of having met at least three of the prongs above, you will also need to demonstrate the following:

• That you will pursue a proposed endeavor that is in the National Interest of the United States;

• The proposed endeavor has both substantial merit and national importance;

• You are well positioned to advance the proposed endeavor; and

• It would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification

3. Valid Job Offer

The second requirement for an EB2 visa is that you must have a valid job offer. Please note people who have qualified for a national interest waiver do not need to have a job offer.

Absent the National Interest Waiver category, all other EB2 applicants must have a job offer. This includes all people in the advanced degree category and all people in the exceptional ability category. The employer must meet several requirements for the offer to be considered valid. This requires the employer to have a physical building and a way to be contacted. Furthermore, they must have the ability to pay the foreign national, which can be demonstrated by IRS taxes. The employer and beneficiary must clearly show an employer-employee relationship. The employer must be able to hire, fire, and control the work duties of the beneficiary. The employer must also pay the beneficiary at least the prevailing wage for the job. Additionally, the employer must be willing to sponsor the foreign beneficiary as they are responsible for completing the PERM labor certification and petition, and any associated costs.

4. No Willing and Able American Workers (PERM Labor Certification)

The third requirement of the EB2 visa is that the U.S. employer must get a PERM Labor Certification approved by the U.S. Department of Labor. The PERM Labor Certification establishes that there are no willing and able American workers to fill the available position.

The U.S. employer satisfies this requirement by attempting to recruit a U.S. worker and completing the PERM labor certification process. Getting an approved labor certification means that the Department of Labor agrees that this requirement has been met. In order to meet this requirement, the U.S. employer must go through a recruiting process where you actively seek to hire American workers.

National Interest Waiver: Please note that if you fall under the National Interest Waiver category, you do not complete the PERM Labor Certification process. The “waiver” in National Interest Waiver refers to a waiver of the requirement of having a job offer and going through the PERM Labor Certification process.

5. Conclusion 

The EB2 visa is the second-preference employment-based green card. It is a great option for those with advanced degrees, exceptional ability, or who can perform work that is in the national interest of the United States. There are three main requirements to the EB2 visa:

• Having an advanced degree, exceptional ability, or performing work in the national interest of the United States

• Having a valid US job offer with an employer willing to sponsor you (with the national interest waiver as an exception)

• No willing and able American workers exist for the job  (with the national interest waiver as an exception)

You should now have a much better understanding of the EB2 visa requirements. If you have any questions about the information discussed in this post or about the EB2 visa in general, feel free to email me directly at Michael@AshooriLaw.com. My team and I would be happy to help you.

Resources: 

• Ashoori Law EB2 Visa Guide

• https://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2