EB2 VISA – DLG

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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