EB-2 Visa Job Description: What are the Requirements & Approval Rate?

The United States government has a vested interest in bringing immigrants with outstanding attributes and skills into the country. Rather than placing highly qualified persons in a lottery system, such as the H-1B Visa, the U.S. awards separate visas for those who will bolster the country’s overall workforce. The EB-2 green card is a category within U.S. immigration law that allows individuals with advanced degrees (Masters, Doctorate, etc.) or exceptional skills to become lawful permanent residents.

There are many factors at play when the United States Citizenship & Immigration Services (USCIS) are considering this specialized sort of application. Specific credentials must meet specific demands. While the requirements are slightly lower than for an EB-1, VisaNation Law Group wants to make sure you have a solid understanding of an EB-2 job description, and what sort of experience securing this sought-after green card will require.

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An EB-2 Job Description

The EB-2 visa category is targeted at foreign nationals who possess exceptional ability or hold advanced degrees. The roles covered under this visa classification typically include professions that require a high level of expertise and education. Examples of occupations that might qualify for an EB-2 visa include:

• Engineers
• Medical Professionals
• Professors
• Business Executives
• Artists
• Scientists

In most cases, the EB-2 visa applies for high-impact, executive positions in the U.S. workforce. Your advanced education and intimate experience within an industry must be showcased in order to secure this visa. This makes the EB-2 an essential pathway for leading professionals in various fields such as science, arts, business, medicine, and academia to contribute to the U.S. economy and society.

EB-2 Processing Times

The EB-2 processing time typically falls between 10 months and 2 years, but it can stretch to even longer in certain situations. Factors such as the applicant’s country of birth often influence this duration. There are expediting procedures in place that can cut down your application’s time, but have exorbitant fees involved.

One of the largest components of an EB-2 green card application is the ability to show how and why you are needed to fill a talent gap in the country. You are not required to have a job lined up prior to pursuing an EB-2 visa. However, you need to put forth evidence that you are able to enter the country and quickly and effectively contribute to a certain industry that would otherwise be left wanting.

Learn how to prepare for your EB-2 green card interview with this EB-2 interview complete guide.

Did You Know – EB-2 petitioners can avoid the PERM Labor Certification process by establishing that the beneficiary is eligible for the EB-2 NIW. 

EB-2 Job Description Salary Requirements

The EB-2 job description must match a few requirements met by the employer, including salary. This amount is adjusted each year to reflect changes in the economy. In 2021, the minimum required salary for EB-2 green card was over $140,000. It’s worth noting that this salary cap was for the EB-2 green card category for advanced degree holders. The cap for EB-2 green card category for persons with exceptional ability was around $200,000.  That said, the amount is constantly in fluctuation, and will vary depending on your case.

A Word From VisaNation’s Attorneys

EB-2 is an employment-based green card immigrant petition, and if it is done through an employer, yes there is a prevailing wage that is set by the Department of Labor (DOL). We request one from the DOL and it takes about 6 months to receive the prevailing wage for each application.
– Shilpa Malik, VisaNation Law Group Immigration Attorney

If you’re attempting to put your EB-2 application together, you probably desire some sort of guidance. The EB-2 immigration attorneys at VisaNation Law Group can assist you in devising an effective strategy to meticulously meet and document all EB-2 requirements, thereby reducing the processing time for the EB-2 visa.

Schedule a consultation today to iron out your visa proceedings.

What are the qualifications for EB-2 Green Card?

If you’re wondering what skill level is the EB-2 equipped for, it’s useful to understand the two categories associated with this visa. The qualifications for an EB-2 visa fall into two main categories:

• Advanced Degree: Foreign individuals who possess either a master’s degree or higher, or who have a bachelor’s degree along with at least five years of progressive professional experience, qualify for this category. The job they are seeking must customarily require such an advanced degree as a fundamental prerequisite.
• Exceptional Ability: Individuals who demonstrate exceptional ability in the fields of sciences, arts, or business are the focus of this category. “Exceptional ability” in this context means possessing a level of expertise that is significantly higher than what is ordinarily found in the respective field.

It’s important to note that for both categories, a permanent job offer from a U.S. employer is typically required, and the employer must be willing to sponsor the applicant. There may be additional specific requirements based on the nature of the job and field of expertise. It is often advisable to consult with an immigration attorney to ensure all qualifications are met. The process can be complex and requires meticulous attention to detail, so having professional guidance can help in navigating the legal intricacies and optimizing the chances of visa approval.

What if I have no job lined up?

Certain applicants may seek a National Interest Waiver (EB-2 NIW), allowing them to bypass the labor certification process by demonstrating that their work significantly benefits the United States. This waiver provides a substantial advantage, as it can expedite the visa application process by removing the need for employer sponsorship and labor certification. Authorities typically grant the EB-2 NIW to individuals whose unique skills and contributions possess substantial intrinsic merit and align with the national interest in fields like public health, technology, arts, and more.

What is the approval rate of the EB-2?

EB-2 I-140 petitions achieve an approval rate of between 83% and 96%. On the other hand, the EB-1 visa, sharing some resemblances with the EB-2 but encompassing stricter guidelines, sees an approval rate of approximately 80%. You may be eligible for concurrent filing which could be beneficial to you. Learn about the concurrent filing process for I-130, I-140 and I-485. 

Despite these encouraging approval rating numbers, there are many reasons why your EB-2 application may be denied like an I-140 denial. If you’re looking to give yourself the best chance at visa approval, you need to deliberate with an immigration attorney. VisaNation Law Group’s immigration lawyers boast more than a decade of employment-based immigration experience.