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How To Secure EB-2 Green Cards

7 min read
Written by Ali Ramezanzadeh

For many high-achieving professionals and the employers that depend on them, securing a long-term future in the United States can feel like navigating a maze. 

The EB-2 immigrant visas help bring clarity to this journey by offering a more predictable route to legal permanent residency. These categories recognize individuals with advanced academic achievement or exceptional skill, creating a clear path to staying in the United States.

Here’s everything you need to know about the employment-based EB-2A and EB-2B Green Cards.

What Is an EB-2 Visa?

The EB-2 Green Card is an employment-based category for individuals who hold advanced degrees (EB-2A) or who can demonstrate exceptional ability in the sciences, arts, or business (EB-2B). Once an individual receives their EB-2 application approval, they must wait until their priority date becomes current before they are eligible to apply for lawful permanent residency through the EB-2 Green Card.

In most cases, the EB-2 visa requires sponsorship from a U.S. employer, and employers need to file for a PERM labor certification confirming no U.S. workers qualify for the job.

There are two exceptions to the labor certification process:

  • EB-2 National Interest Waiver (NIW) petitions: If an individual can show that their work has substantial merit and national importance, they can bypass both the job offer and PERM requirements by self-petitioning for an NIW.
  • Petitions for Schedule A occupations: These are jobs for which the Department of Labor (DOL) has already identified a shortage of workers in the U.S, like nurses and physical therapists. PERM requirements are waived off for these occupations, but they still need employer sponsorship.

EB-2 Visa Requirements and Eligibility

The EB-2 visa has two subcategories: EB-2A and EB-2B. Each category has distinct eligibility criteria and evidence requirements that consider the applicant’s education, experience, and level of expertise.

EB-2A Visa Requirements

The EB-2A subcategory is for individuals with an advanced degree: either a master’s degree or higher, or a bachelor’s degree plus at least five years of progressive, post-degree work experience in the specialty.

To be eligible, an applicant must have:

  • An advanced degree, defined as:
    • A master’s degree or higher, or
    • A bachelor’s degree plus at least five years of progressive, post-degree experience in the specialty
  • A valid job offer from a U.S. employer willing to sponsor the petition
  • A role that requires an advanced degree

EB-2B Visa Requirements

The EB-2B subcategory is for individuals that can show exceptional ability in business, the arts, or the sciences. While applicants still need to show a level of expertise significantly above others in their field, the bar is notably lower than what’s required for the EB-1A visa category.

To be eligible, an applicant must:

  • Provide relevant evidence of exceptional ability in their field
  • Have a job offer from a U.S. company that will provide sponsorship
  • Show their work will benefit the national economy, educational or cultural interests, or the welfare of the U.S.

Evidence of Exceptional Ability

EB-2B visa applicants can prove exceptional ability by providing at least three of the six listed forms of evidence:

  1. An official academic record from an institution of learning in their field
  2. Letters from current or former employer(s) showing that the applicant has at least 10 years of full-time experience in their role
  3. A license to practice the profession or occupation-related certification
  4. Evidence of salary or remuneration higher than others in the field, demonstrating the candidate’s exceptional ability
  5. Evidence of membership in occupation-related professional associations
  6. Evidence of significant contributions to their field

Proving exceptional ability is a key part of the EB-2B process. Even strong candidates need to clearly explain their work, organize their evidence, and show how their achievements stand out. Ellis can help you present your experience in a way that is easy for USCIS to understand, highlight your strongest qualifications, and avoid common mistakes.

How To Get an EB-2 Green Card

Here’s an overview of the application process for an EB-2 Green Card.

Step 1: Submit a PERM Application (If Required)

To sponsor an employee for the EB-2 visa, employers need to first get a PERM certification that confirms there are no qualified U.S. workers available to fill the position. The only exceptions are if the applicant qualifies for an NIW or falls into a specific occupation category. 

As part of the PERM process, the employer must conduct and document a recruitment campaign to prove there were no suitable U.S. candidates for the role. Only after receiving an approved PERM from the DOL can the employer submit an I-140 petition for their employee’s EB-2 visa.

Step 2: File Form I-140

After obtaining the labor certification, the employer files I-140 form (Immigrant Petition for Alien Workers). In the case of NIW applicants, the I-140 petition is typically self-petitioned by the applicant. 

The I-140 seeks to prove that the applicant meets all EB-2 qualifications and that the employer can pay the wage listed in the job offer. The date of I-140 filing becomes the applicant’s priority date, which determines when they can file their Green Card application. 

By paying for premium processing, employers can reduce the I-140 processing time to 15-45 business days.

Step 3: Submit the Green Card Application (Form I-485 or Consular Processing)

Once the applicant’s priority date becomes “Current” in the Visa Bulletin, they can proceed to filing their Green Card application. The exact process of application depends on whether or not the applicant is already in the U.S.

If the applicant is in the U.S., they can file the I-485 form (Application to Register Permanent Residence or Adjust Status). If the applicant is outside of the U.S., they should submit the DS-260 form to their local visa consulate office and move through consular processing.

Step 4: Attend the Visa or Adjustment Interview

Applicants submitting the I-485 form will typically have to undergo an interview by an immigration officer at a USCIS field office. The visa interview is conducted to verify the applicant’s identity, confirm the authenticity of their supporting documents, and establish that they’re eligible for permanent admission to the U.S.

Applicants submitting a DS-260 need to attend a similar interview at a U.S. embassy or consulate in the country of application.

EB-2 Visa Processing Time

The exact time USCIS takes to process an EB-2 visa and Green Card application depends on:

  • PERM certification: PERM processing can take anywhere from eight months to more than 12 months depending on DOL backlogs, job classification, and whether a case is audited.
  • I-140 adjudication: According to the Check Case Processing Times portal, the average time USCIS takes to adjudicate I-140 forms for the advanced degree or exceptional ability category is 9.5 months. Employers can reduce this time to 15-45 business days by paying for premium processing.
  • Priority date: Even if the I-140 is approved, applicants cannot apply for a Green Card until their priority date becomes current in the Visa Bulletin.
  • Visa Bulletin delays: For some countries, like China or India, the number of applications greatly exceeds available visas. Applicants from these countries may have to wait longer for their priority dates to become current in the Visa Bulletin.

EB-2 Visa Costs

The costs for an EB-2 visa depends on factors like whether the applicant is inside or outside the U.S. and whether employers use optional services like premium processing. Legal costs and charges associated with medical examinations aren’t included in the flat-rate government filing fees.

Ellis provides a pricing calculator for you to understand the full range of possible fees involved in the EB-2 NIW and EB-2 PERM application processes.

Typical EB-2 visa filing fees for an applicant within the United States include:

  • Form I-140 
  • Form I-140 premium processing (optional)
  • Form I-485

How Ellis Helps Simplify the EB-2 Visa Process

Navigating the EB-2 visa process can be difficult, especially when you need to prove exceptional ability or get a PERM approval. 

Ellis streamlines the entire process from document collection and petition building to application tracking. By centralizing case progress updates, Ellis ensures you stay informed and compliant with USCIS at every stage of the EB-2 visa and Green Card process.

If you’re an employer looking to retain top talent in the U.S., get in contact with Ellis today to reduce delays and expedite the EB-2 visa process.

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