EB-2B: Exceptional Ability in the Sciences, Arts, or Business
What is a EB-2B Visa
The EB-2B Visa is a subcategory of the EB-2 employment-based immigrant visa, specifically designed for individuals who possess exceptional ability in their field, which can include the sciences, arts, or business. This visa allows qualified individuals to obtain a U.S. Green Card (permanent residency) based on their exceptional skills and a job offer from a U.S. employer.
Benefits of the EB-2B Visa
The EB-2B Visa offers some benefits for beneficiaries, including:
- Premium processing: Applicants can expedite the processing of their visa petitions for an additional fee. With premium processing, applicants can receive a response from USCIS within 15 calendar days.
- Path to Citizenship: EB-2B Green Card holders can apply for U.S. citizenship after five years.
Eligibility Requirements for the EB-2B Visa
To qualify under the EB-2B category, you must demonstrate exceptional ability in the sciences, arts, or business. Exceptional ability means a degree of expertise significantly above that ordinarily encountered in your field. You must meet at least three of the following criteria:
- Official academic record showing a degree, diploma, certificate, or similar award from a college, university, or other institution of learning relating to your area of exceptional ability.
- Letters documenting at least ten years of full-time experience in your occupation.
- A license to practice your profession or certification for your profession or occupation.
- Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability.
- Membership in a professional association(s).
- Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations.
Labor Certification (PERM)
Managed by the U.S. Department of Labor (DOL), the PERM process ensures that hiring a foreign worker will not adversely affect the job opportunities, wages, and working conditions of U.S. workers. Employers must demonstrate that there are no qualified U.S. workers available for the position at the prevailing wage. Visit our dedicated page for the Labor Certification process.
Job Offer Requirements
The EB-2A visa requires a job offer from a U.S. employer, applicants must have a definite, permanent job offer and the employer must demonstrate the ability to pay the offered wage.
Visa Bulletin
The Visa Bulletin is a monthly publication issued by the U.S. Department of State that provides critical information regarding the availability of immigrant visas (green cards) for various categories of applicants. It outlines the Final Action Dates and Dates for Filing, which help applicants understand when they can proceed with their green card applications based on their priority dates.
The priority date is established when the U.S. citizen files Form I-140, Immigrant Petition for Alien Workers. This date serves as the applicant’s place in the visa queue, which is essential because the number of visas available in this category is limited.
The Final Action Date indicates when an immigrant visa number is available for issuance. If an applicant’s priority date is earlier than the Final Action Date listed for the Employment 2nd category, they are eligible to receive their green card that month.
Conversely, the Dates for Filing chart specifies the earliest dates when applicants can submit their green card applications, even if their priority date is not yet current according to the Final Action Date. This allows applicants to prepare and file their applications in advance, which can help expedite the process once their priority date becomes current.
This process can often involve significant waiting periods, depending on the demand for visas in the Employment 2nd category and the applicant’s country of origin.
Validity Period
The Green Card is typically issued as a permanent resident card, the card itself is valid for 10 years from the date of issuance.
What We Do
- Provide assistance in preparing and filing a Labor Certification and Form I-140 on behalf of a company.
- Review applications to identify potential concerns that may affect the outcome of the application
- Provide assistance to EB-2B Visa holders apply with the National Visa Center or Form I-485 Adjustment of Status.
The Employment EB-2B Visa is an essential pathway for foreign nationals with exceptional ability obtain permanent residency in the United States.
Why Choose Us?
- Expert Guidance: Our knowledgeable attorneys will walk you through the entire process, answering any questions you may have along the way.
- Tailored Support: We take the time to understand your specific circumstances and provide solutions that fit your needs.
- Peace of Mind: With our support, you can feel confident that your application is in good hands.
Ready to take the next step towards securing talent with exceptional ability? Contact our law firm today to schedule a consultation with one of our experienced immigration attorneys.
Application Process for the Employment EB-2B
Step 1 | Obtain a Labor Certification The U.S. Company must complete the PERM process to obtain an approved Labor Certification from the Department of Labor (DOL). |
Step 2 | Filing Form I-140, Immigrant Petition for Alien Workers Form I-140, Immigrant Petition for Alien Worker must be filed by the U.S. Company with USCIS along with evidence that the Beneficiary has the education, experience or skills required for the job offer. |
Step 3 | Waiting for Priority Date After USCIS approves Form I-140 petition, the applicant must wait for their priority date to become current. The priority date is the date the petition was filed, and visas are issued based on this date. The Department of State’s Visa Bulletin provides monthly updates on visa availability. |
Step 4 | Consular Processing or Adjustment of Status Consular Processing (Outside the U.S.)
Adjustment of Status (Within the U.S.)
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Frequently Asked Questions
EB-2B
- Do I need a job offer to apply for an EB-2B Green Card?
Yes, typically, you need a job offer from a U.S. employer, who must also obtain a labor certification from the Department of Labor. This process proves that there are no qualified U.S. workers available for the position and that hiring you will not negatively affect the wages and working conditions of U.S. workers in similar jobs.
- Can I self-petition for an EB-2B Green Card?
You can self-petition for an EB-2B Green Card only if you are applying for a National Interest Waiver (NIW). Without an NIW, your U.S. employer must file the petition on your behalf.
- How long does it take to get an EB-2B Green Card?
Processing times vary depending on your specific case and USCIS workload. The process could take several months to a few years, especially if a labor certification is required. Applying for a National Interest Waiver might shorten the overall process.
- Can my family members also get Green Cards if I obtain an EB-2B Green Card?
Yes, your spouse and unmarried children under 21 years old can apply for Green Cards as your dependents. They can adjust status in the U.S. or go through consular processing if they are outside the U.S.
- What happens if my EB-2B petition is denied?
If your petition is denied, you will receive a written explanation from USCIS. Depending on the reason for denial, you may be able to appeal the decision or file a motion to reopen or reconsider the case.
- Can I change employers after receiving my EB-2B Green Card?
Yes, after obtaining your Green Card, you are not obligated to stay with the employer who sponsored you. However, it’s generally advisable to remain with them for a reasonable period to avoid any issues regarding the intent behind your Green Card approval.
- Can I apply for U.S. citizenship after obtaining an EB-2B Green Card?
Yes, after holding your Green Card for five years (or three years if married to a U.S. citizen), you may be eligible to apply for U.S. citizenship through the naturalization process.
