EB-2 Green Card

EB-2 visa general information

The EB-2 visa is designed for professionals with high qualifications and skills, usually holding advanced degrees or possessing some kind of exceptional ability in the sciences, arts, or business. Alternatively, it’s available for those who can demonstrate that their work is in the national interest of the United States. It will undoubtably be a popular choice for those looking to file in 2025. There are three main categories:

• Advanced Degree Professionals:  Here individuals with an advanced academic degree, such as a master’s or doctorate are classified. Applicants must show above-average skills and knowledge in their field. Proof of the advanced degree is required such as a diploma.
• Individuals of Exceptional Ability:  The second category applies to individuals with exceptional ability in science, art, or business. Applicants must demonstrate these abilities through extensive documentation and recognition in their field. Examples include awards, publications, and significant contributions.
• National Interest Waiver (NIW):  The third category, the National Interest Waiver, applies to individuals whose work significantly benefits the United States. Applicants can waive labor certification by demonstrating that their work serves the national interest. This requires detailed justification and extensive documentation.

Step by step EB-2 visa

The application process for an EB-2 visa is complex and requires several steps. Here are the main stages of the application process:

Labor Certification

The first step in the application process is the labor certification, which must be submitted by the employer to the Department of Labor. This certification confirms that no qualified U.S. worker is available for the position and that hiring a foreign worker will not negatively affect the wages and working conditions of U.S. workers.

Filing the I-140 form

After labor certification, the employer must file Form I-140, also known as the Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). This form certifies that the foreign worker meets the requirements for the EB-2 visa.

Adjustment of Status (I-485) or Consular Processing

Once the I-140 form is approved, applicants can file Adjustment of Status (Form I-485) if they are already in the U.S. or they can go through Consular Processing if they are outside the U.S. This step includes a background check, medical examination, and an interview.

Advantages and challenges of the EB-2 visa

There are certain benefits for applicants and employers

The EB-2 visa offers plenty of advantages for both the applicant and the employer. For employers, it means access to highly qualified specialists abroad who can contribute to the company. For employees, the EB-2 visa offers a clear immigration route and the opportunity to live and work permanently in the United States. Of course after 5 years on a green card the path towards citizenship opens up for the applicant.

Common challenges and how to overcome them

The role of the attorney

An experienced attorney, such as German American Legal, can play a crucial role in the application process. Here are some of the key tasks your attorney can perform:

Support in document collection and creation

Your attorney can help you gather all the necessary documents and ensure they meet the requirements. This includes academic transcripts, letters of recommendation, and proof of professional achievements. It can also mean which documents are best not included in the application for one reason or another. Ultimately the job is to make the cleanest application possible for the immigration officer to follow the story and draw all the necessary conclusions.

Legal advice and representation

An attorney can advise you on legal issues and represent you throughout the application process, including preparing and submitting the application and communicating with the relevant authorities.

Support with rejections and appeals

If your claim is denied, an attorney can assist you in filing appeals and help you make the necessary improvements to increase your chances of success.

Documents and forms

Preliminary list of required documents:

• Copy of the passport
• Birth certificate
• Marriage certificate (if applicable)
• Academic certificates and diplomas
• Letters of recommendation
• Official transcripts, work records, and references
• Evidence of exceptional abilities (e.g. awards, publications, recommendations, competitions, judging competitions, peer reviews, and news articles)

Preliminary list of forms to be filled out

• Form ETA-9089 (Labor Certification)
• Form I-140 (Immigrant Petition for Alien Worker)
• Form I-485 (Adjustment of Status) or DS-260 (Consular Processing)
• Form I-765 (Application for Employment Authorization, if applicable)

EB-2 visa details

Historical Background and Legal Basis

The EB-2 visa was introduced as part of the Immigration and Nationality Act (INA) and has since become an integral part of the US immigration system. The aim of the visa is to bring highly qualified professionals into the country who can contribute to the economic development and innovative strength of the USA. The legal basis and requirements for this visa are set out in detail in the INA and the corresponding regulations of the USCIS.

Comparison with other employment-based visas

The EB-2 visa is different from other employment-based visas such as the EB-1 visa, which is intended for individuals with exceptional abilities, outstanding professors and researchers, and multinational executives and managers. The EB-3 visa, on the other hand, is aimed at professionals, skilled workers, and other workers with lower qualifications than those required for an EB-2 visa. The main difference lies in the qualification requirements and documentation requirements.

Specific Requirements for the National Interest Waiver (NIW)

The National Interest Waiver (NIW) is a special category of the EB-2 visa that allows applicants to waive labor certification if their work is of significant benefit to the United States. To obtain a NIW, the applicant must demonstrate that their work is of national interest and that it would be in the best interest of the United States to waive labor certification. This requires detailed justification and extensive documentation, including evidence of the importance of the work, its potential impact, and the specific benefits to the United States.

Role of the employer in the application process

The employer plays a crucial role in the EB-2 visa application process. First, the employer must submit the labor certification to the Department of Labor and prove that no qualified U.S. worker is available for the position. Then, the employer must submit Form I-140 to USCIS and certify that the foreign worker meets the requirements for the EB-2 visa. The employer must also ensure that the position offered meets the requirements of the visa and that the compensation meets applicable wage standards.

Importance of documentation and evidence

Documentation and evidence are critical to the success of an EB-2 visa application. Applicants must submit extensive documentation to demonstrate their qualifications and skills. This includes academic transcripts, letters of recommendation, employment records and references, and evidence of exceptional ability such as awards and publications. Inadequate or inaccurate documentation is one of the most common reasons for delays and denials in the application process.

Typical challenges and pitfalls

Some of the typical challenges and pitfalls in the EB-2 visa application process include the strict documentation requirements, the need for thorough preparation, and the complexity of the process. A common mistake is failing to collect and submit sufficient evidence, which can lead to delays and denials. Other challenges can include processing times at various agencies and work certification requirements.

Strategies to maximize the chances of success

To maximize the chances of success for an EB-2 visa application, applicants and their employers should plan and prepare carefully. This includes collecting and reviewing all required documents early, preparing applications carefully, and meeting all deadlines and requirements. Using the Premium Processing Service for the I-140 form can also help expedite the process. In addition, consulting an experienced attorney can be helpful in navigating the process and avoiding potential pitfalls.

Additional information and resources

Official sources and websites

There are numerous official sources and websites that provide detailed information and guidance on the EB-2 visa. The most important ones include the US Citizenship and Immigration Services (USCIS) website, the US Department of Labor, and the US Department of State. These websites provide comprehensive information on the requirements, application process, and legal basis of the EB-2 visa.

Specialist literature and publications

There is also a wealth of professional literature and publications available about immigration and specifically the EB-2 visa. These include books, professional journals, and online resources written by experts in the field of immigration. These resources provide valuable insight and practical advice for applicants and employers.

Bar associations and professional associations

Bar associations and professional organizations such as the American Immigration Lawyers Association (AILA) also provide extensive resources and support for applicants and attorneys. These organizations offer training, guides, and consulting services that can help facilitate the application process and maximize the chances of success.

Typical costs

The cost of applying for an EB-2 visa can vary significantly and depends on several factors. Here is a detailed breakdown of the potential costs you can expect:

Application fees

Labor Certification

Filing the labor certification (ETA Form 9089) is usually free, but there may be recruitment and advertising costs that the employer must cover.

Form I-140 (Immigrant Petition for Alien Worker)

The fee for Form I-140 is currently $700. This fee is charged by the U.S. Citizenship and Immigration Services (USCIS) and must be paid by the employer or the applicant.

Form I-485 (Adjustment of Status)

There is a fee for applicants ages 14 and older. This fee includes the cost of biometrics (fingerprints, photograph, and signature).

DS-260 (Consular Processing)

If the applicant goes through Consular Processing, there is a fee charged by the U.S. Department of State.

Form I-765 (Application for Employment Authorization)

Form I-131 (Application for Travel Document) (optional)

Premium Processing Service (optional)

For faster processing of the I-140 form, the Premium Processing Service can be used with a processing time of 15 business days.

Attorney fees for 2025 EB-2 applications

The cost of hiring an immigration attorney can vary significantly, depending on the complexity of the case and the attorney’s level of experience. Typically, you can expect that attorney’s fees start at $5,000 and are often higher depending on the complexities of the case. Some attorneys offer flat fees (which are popular with clients because they offer certainty), while others charge by the hour.

Translation and certification costs

If your documents are not in English, they must be translated into English and certified by a translator. For German documents we can mostly accomplish this in house as we have a bilingual team. Translation costs can vary, but are often included in our flat fees.

Medical examination

A medical examination by a U.S. government-certified physician is required. The cost of this may vary depending on the physician and location.

Travel expenses

If consular processing is required, you may need to travel to a U.S. consulate or embassy. Travel costs (airfare, accommodations, etc.) vary depending on location and individual circumstances.

Other costs

Additional costs may apply for collecting and submitting required documents, such as fees for requesting birth certificates, marriage certificates or academic transcripts.

Applying for an EB-2 visa can involve significant costs that affect both the applicant and the employer. Careful planning and preparation of the application, gathering and reviewing all necessary documents early, and meeting all deadlines and requirements are critical to the success of your application. An experienced  attorney  can help you navigate the process, manage costs, and maximize your chances of success. If you are interested in applying for an EB-2 employment-based immigrant visa, consider enlisting the assistance of an attorney to help make the process smooth and successful

.FAQ (Frequently Asked Questions)

How long does the application process take?

The length of the application process can vary depending on the processing time of the labor certification, the USCIS, and the respective U.S. embassy or consulate. On average, the entire process can take between 12 and 18 months.

What are the chances of success and typical mistakes?

The chances of success depend heavily on the quality of the documents submitted and whether the criteria are met. Common mistakes include insufficient documentation, missing signatures or incomplete applications.

Are there ways to speed up the process?

Some ways to speed up the process include using the Premium Processing Service for the I-140 form, carefully preparing the documents, and submitting the applications early.

What are the requirements for an EB-2 visa?

The requirements for an EB-2 visa vary by category. Advanced Degree Professionals must hold an advanced academic degree (master’s or doctorate) and demonstrate above-average skills and knowledge in their field. Individuals with exceptional abilities must provide extensive documentation and recognition in their field. Applicants for a National Interest Waiver (NIW) must demonstrate that their work is of significant benefit to the United States.

What happens if my application is rejected?

If your application is denied, you have the option to appeal or re-apply. An experienced attorney can help you understand the reasons for the denial and make the necessary improvements to increase your chances of success if you re-apply.

What role does the employer play in the application process?

The employer plays a crucial role in the EB-2 visa application process. The employer must submit the labor certification to the Department of Labor and prove that no qualified U.S. worker is available for the position. The employer must then submit Form I-140 to the USCIS and certify that the foreign worker meets the requirements for the EB-2 visa.

EB-2 in a nutshell for 2025

The  EB-2 visa  provides an excellent opportunity for highly skilled professionals to work and live in the United States. This should especially be the case in 2025 as applications are to be expedited. However, the application process is complex and requires careful preparation and documentation. An experienced attorney can help you navigate the process and maximize your chances of success. If you are interested in an EB-2 employment-based immigrant visa, consider the assistance of an attorney to make the process smooth and successful. Careful planning and preparation, collecting and reviewing all required documents early, and meeting all deadlines and requirements are critical to the success of your application. Take advantage of the numerous resources available and consult with experts to navigate the complex application process and make your American dream a reality.

Disclaimer

The material in this post represents general information and should not be deemed legal advice. Any use of the website DOES NOT create or constitute an attorney-client relationship between German American Real Estate & Immigration Law Center, LLC (law firm) or any employee of or other person associated with the law firm and a user of this website. It is intended as an educational resource for
understanding the laws. Since the law is continually changing, some parts of this website may become outdated before the next update. It is always best to consult an attorney about your legal rights and responsibilities regarding your particular case.