Skip to Content
Kelley Kronenberg

EB-2

EB-2

EB-2 is a visa to obtain residence in the USA for professionals with a specialist or doctorate degree and for people with exceptional skills, that is, skills that are longer than those normally present in their field. Notice how exceptional skills are for American immigration, a concept that is legally different from the extraordinary capabilities of EB1. It is possible to include different types of workers in this category, such as architects, doctors, engineers, lawyers and teachers working in primary, secondary, high school or university.

There are three different EB-2 visa categories:

EB2-A: for professionals in possession of a master’s degree or other higher education obtained in the United States, as long as they have already received a job offer from a company in the United States;

EB2-B: for individuals with exceptional skills in science, business or art, as long as they have already received a job offer from a company in the United States;

EB2-C o EB2-NIW: for individuals with exceptional abilities, if it is possible to demonstrate that their activity will be of great benefit to the relevant interests for the United States, in this case, the applicants will not necessarily have received a job offer from a US company. This procedure is called “National Interest Waiver”.

The EB2 category has much longer times and a more complex structure compared to EB1; however, it is faster than the EB3 procedure.

As the EB3 category, for the EB-2 you will need the certification process (c.d. PERM) that will certify that there is no resident of the United States with the necessary qualifications for the job in which the green card is required.

The structure of EB2 and EB3 is substantially common, but with different schedules for the end of the practice by US immigration.

Both EB categories foresee the following phases, each phase can start only after the previous one has been successful:

  1. Request from the United States Department of Labor the minimum salary level for the position for which a work visa is requested;
  2. Complex phase of announcements and evaluation of the curriculum (if received) by subjects other than the applicant;
  3. Petition for the foreign worker;
  4. Green Card application.

The EB-2 procedure is extremely complex and can be denied even due to typing or calculation errors. It is also a process that must be established well from the first stages or the chances of obtaining the green card will drastically decrease.

Members of the applicant’s family:

Parallel to the applicant, the spouse and children under 21, as long as they are not married, can apply for permanent residence at the request of the applicant. Obviously, once the green card is obtained, it will be possible, after the appropriate period, to apply for US citizenship.