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The EB-2 visa classification is the second preference level of employment-based green cards for foreign nationals with exceptional ability or advanced degrees. The EB-2 program has three subdivisions, all of which may require an interview to verify your personal information and eligibility, confirm your intent, and protect against fraud. Foreign nationals who may be required to have an interview include:
It’s important to prepare as much as possible, alongside your immigration attorney, before these interviews to ensure you are well equipped to answer the immigration officer’s questions.
Whether you are using consular processing or are already in the U.S. and are undergoing an adjustment of status, it is essential to prepare for the interview before the actual date.
In preparation for the interview, you must first:
You and each dependent family member of the visa application must schedule and complete a medical examination and any required vaccinations to determine your admissibility into the United States based on your health. An authorized physician must conduct the examination.
You can contact the embassy or use the USCIS Find a Civil Surgeon page to locate an authorized physician nearest you. After undergoing the exam, the doctor may give you an envelope containing the results of the exam or send it directly to the embassy or the USCIS.
If the envelope is provided to you, do not open it; you must bring it to the interview sealed.
You will need to ensure you have all the required documents that correspond with the answers you’ve entered into your petition and every other form you have submitted. Also, if you’ve changed your address since you began the process or changed your marital status, you must notify the immigration office.
Guidelines and the required documents may vary among different embassies. It is essential to review the instruction page of the embassy you are applying to for the specific requirements. For example, some embassies do not allow visa applicants to bring cell phones to the interview.
As the interview begins, the officer will review your file and ask questions about your documents and forms. This is to ensure that your answers match the information on your application.
The questions are case-by-case and mostly about your biographic information, job, qualifications, or employer. Some of the usual EB-2 visa questions you can expect include the following:
Prepare to discuss your role, responsibilities, and how your qualifications align with the position at the new organization. Some questions might be:
Discuss with your immigration attorney the best way to address any questions you’re unfamiliar with, but these should be straightforward for the most part. You may be asked things like:
Whether you are still going to have the same job, salary, and roles (as mentioned in your I-140 or if there have been any changes
Particularly if you are already in the United States:
For an EB-2 visa while already in the United States. It’s essential to provide accurate and truthful answers to the USCIS officer during the interview.
Such as previous arrest, Conviction, immigration Violations, or misrepresentations:
These questions aim to assess your admissibility into the United States and ensure compliance with immigration laws and regulations.
Again, this may vary based on your location and whether or not you are already in the U.S. The following are some of the items usually required at an EB-2 interview:
Discuss with your attorney if you need to provide pay stubs for the last two months. If you submit incomplete documentation, the immigration officer can’t complete the interview process and can’t decide on your case. The process will be on hold until you bring the required evidence.
On the interview day, arrive at least 20 minutes before the scheduled time. If you have derivative beneficiaries (spouse and/or children under the age of 21) on the petition, they will also need to attend the interview. Although immigration officers have the option to waive interviews for minors who are under 14, it is not a guarantee.
In any case, take everyone whose name appears on the application along with you, and ensure each person has the required documentation. Depending on the officer’s discretion, they might conduct a joint interview for the whole family or a separate session for each person. Either way, everyone needs to be truthful in answering the questions to avoid giving contradicting accounts.
Those who are petitioning for a National Interest Waiver (NIW) are required to go through an interview with an immigration official. During the interview, you’ll be asked about your personal information, documentation you’ve submitted, and other details about your case.
For those who are already in the U.S. and applying to adjust your status, you should receive an I-797 in the mail, which details your interview date, time, and location.
For those outside of the U.S., when your priority date is current (or will be soon), you will receive an invoice from the National Visa Center to pay your application fees. You will then need to submit the application as well as supporting documentation. The interview will then be scheduled. Learn more about the EB-2 NIW in this guide.
The following is a general outline of the interview procedures:
Arrival: Arrive at the interview location early to allow time for security checks and registration.
Interview process: The interviewing officer will verify your identity and ask questions about your qualifications, job offer, and intentions to work in the United States. Prepare to answer questions concisely and honestly.
Language interpreter: If you require an interpreter, make arrangements beforehand or inquire about the availability of interpreters at the interview location.
Fingerprinting: You may be required to provide fingerprints for security and identification purposes at the interview.
Fee payment: If applicable, you must pay any required visa fees during the interview.
In most cases, the decision will be made at the end of the interview, and the EB-2 visa petition will be either approved or denied. In some cases, however, there may be a need for further internal processing or additional documentation. If this applies to you, the officer will inform you. You will not receive your green card immediately for an approved case, but you’ll be given a temporary document. The document you will receive will depend on the location of the interview.
For a consular processing interview, you will receive a visa packet after your successful EB-2 interview. You will have to pay the USCIS immigrant fee. Do not open the visa packet when you get it. When traveling to the U.S., you must take it with you and give it to the Customs and Border Protection (CBP) officer at the port of entry.
If the CBP officer inspects you and deems you fit, you can enter, reside, and work in the U.S. as an EB-2 lawful resident. Your green card should be mailed to you within 45 days after arriving in the U.S.
For an adjustment of status interview in the U.S., you will get an I-551 stamp on your passport, which serves as temporary proof of your lawful permanent resident status. USCIS will mail you your physical green card a few weeks later.
The EB-2 visa is for individuals with an advanced degree or exceptional ability in their field.
To qualify for an EB-2 employment-based green card, you must have a job offer from a prospective employer, unless you qualify for a National Interest Waiver (NIW).
If applying with an NIW, you can self-petition without an employer or a labor certification.
Your U.S. employer must file a Permanent Labor Certification (PERM) request with the Department of Labor (DOL).
This process ensures no qualified U.S. workers are available for the position.
Processing time: Several months, depending on DOL review and potential audits.
Exception: If you have an NIW, you can skip this step.
Once the PERM is approved, your employer must submit Form I-140 to USCIS to classify you as an EB-2 immigrant.
If self-petitioning under NIW, you file Form I-140 yourself.
USCIS will process the petition and, upon approval, forward it to the National Visa Center (NVC).
The NVC assigns you a priority date based on when your I-140 is filed.
You must wait for your priority date to become current in the Visa Bulletin before proceeding with your green card application.
The wait time depends on visa availability and country of chargeability.
If you are in the U.S., File Form I-485 (Adjustment of Status) once your priority date is current.
If you are outside the U.S., apply through consular processing at the nearest U.S. embassy or consulate.
Supporting Document: You may need to submit Form I-485J to confirm a bona fide job offer or request job portability.
You will be scheduled for an interview with USCIS (for Adjustment of Status) or at a U.S. consulate (for consular processing).
Be prepared to provide supporting documents and answer questions about your qualifications and job offer.
If approved, you will receive your EB-2 green card in the mail (if adjusting status) or an immigrant visa (if going through consular processing).
The green card grants you permanent residence in the U.S.
Recommended read: Form I-485J: Confirmation of Bona Fide Job Offer or Request for Job Portability.
Tip: You must ensure you follow the given instructions to avoid delay. Depending on the number of people ahead of you, your priority date may take several months or even years before becoming current. While waiting for the priority date, you can begin preparation for your EB-2 green card interview. Once your priority date is about to become current, you will get a notification letter.
One good thing about the EB-2 visa is that, as stringent as the requirements are, there is the privilege of having an attorney with you at the interview. VisaNation Law Group’s highly experienced EB-2 attorneys will help you file your EB-2 petition, give you the best legal counsel before and during your interview, and ensure you acquire your green card without any delay. To contact a VisaNation Law Group attorney, you can schedule an appointment with us today by filling out this contact form.