EB-2 Visa Frequently Asked Questions

What is the EB-2 visa for?

The EB-2 visa classification is for individuals with advanced degrees or exceptional ability in their field who want to become lawful permanent residents (green card holders) in the U.S. based on their employment.

What are the primary criteria for the EB-2 visa?

The EB-2 visa classification has three subcategories:

EB-2(a): For individuals with exceptional ability in the sciences, arts, or business.

EB-2(b): For professionals with advanced degrees (master’s degree or higher) or exceptional ability.

EB-2(c): For individuals who are eligible for a National Interest Waiver (NIW) based on their exceptional ability and work that benefits the U.S. national interest.

Do I need a job offer to apply for an EB-2 visa?

In most cases, you will need a job offer and a labor certification (except for those eligible for the National Interest Waiver under EB-2(c)).

What is a National Interest Waiver (NIW) under EB-2(c)?

The NIW allows certain individuals with exceptional ability and work that benefits the U.S. national interest to apply for the EB-2 visa without a job offer or labor certification.

Can I include my family members in the EB-2 application?

Yes, you can include your spouse and unmarried children under 21 in your EB-2 application. They can obtain green cards as derivative beneficiaries.

How long does the EB-2 visa application process take?

The processing time for an EB-2 application can vary widely depending on many factors. Consult your immigration attorney for guidance on your specific situation.

Can I apply for an EB-2 visa while in the U.S. on a different visa status?

You must maintain your non-immigrant status until your petition is approved and the adjustment of status accepted is filed by USCIS.

Can I work for any employer in the U.S. with an EB-2 visa?

The EB-2 visa is typically employer-sponsored, so your employment is tied to the specific employer who filed the petition. Changing employers will require a new petition.

Can I travel outside the U.S. while my EB-2 petition is pending?

Yes, you can travel while your petition is pending, as long as you are in lawful non-immigrant status and have a valid visa to re-enter the United States.
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Dana Davidson - Full Bio

Dana T. Davidson holds degrees from the Benjamin N. Cardozo School of Law and State University of New York at Stony Brook and has been practicing immigration law since 2003 in New York and nationwide. She represents corporations, individuals, and families in a broad range of immigration matters. Attorney Davidson has offices in New York City and Glen Cove.


  • Benjamin N. Cardozo School of Law, Yeshiva University, New York, New York
  • Juris Doctor – 1988
  • Honors: Moot Court Board, Member, Judge
  • State University of New York at Stony Brook, Stony Brook, New York
  • Bachelor of Arts – 1982
  • Major: Political Science
  • Concentration: Business

Pro-Bono Activities

  • Safe Passage Project, Volunteer Attorney, 2013-Present
  • Educating the Educators, Founder, 2012-Present
  • Momentum Project, Board Member, 1991-1994 Bar Admission
  • New York, Eastern District
  • New York, Southern District
  • Washington, D.C.

Speaking Engagements
  • AILA RDC-EMEA Spring Conference 2018, Berlin, Germany, Speaker on “Public Charge” panel
  • AILA RDC-EMEA Fall Conference 2018, Johannesburg, South Africa, Speaker: “Practice Management in the New Age” panel
  • AILA RDC-EMEA Spring Conference 2018, Madrid, Spain, Speaker: “El Traje de Luces: Self-Sponsored Petitions – EB-1A and NIW”  AILA RDC-EMEA Spring Conference 2017, Brussels, Belgium, Speaker: “Continuing Blanket L Challenges”
  • Safe Passage Project, March 2017, Speaker: “Representing Unaccompanied Minors: Special Immigrant Juvenile Status and the Effects of President Trump’s Executive Orders on Immigration”
  • AILA RDC-EMEA Fall Conference 2016, Speaker: “It’s Not About Money: I-864”
  • AILA RDC-EMEA Spring Conference 2016, Vienna, Austria, Speaker: “K-Visa: Differences Between K-1 and I-130 Processing”
  • New York Institute of Technology’s Center for Entrepreneurship, January 2016, Entrepreneur/Executive-in-Residence
  • AILA Fall Conference 2015, London, UK, Speaker: Impact of joint sponsors on family-based cases
  • Goldman-Sachs 10,000 Small Business Education Program, October 2014, “What is required to grow a business?”
  • Dowling College, May 2013, Keynote Speaker at the first annual Latino Summit at Dowling College
  • International Taxation Conference, 2010