EB-2 Based on PERM

The EB-2 visa allows those in certain specialized professions – such as doctors, business managers, and educators – who have a master’s degree or higher to gain lawful permanent residence in the US. There are three groups who qualify for the EB-2 visa, with different sub-categories for each:

• EB-2(A): This category is for foreign nationals professionals with an ‘advanced degrees’ (master‘s degree or higher) and with a job offer from a U.S. company
• EB-2(B): This category is for foreign nationals with ‘exceptional ability’ in the sciences, business or arts and with a job offer from a U.S. company
• EB-2(C): This category is for foreign nationals with exceptional ability, or an advanced degree, who can show that their activities will substantially benefit the U.S. national interest (No need for PERM).

EB-2 (A): Members of the professions holding advanced degrees or their equivalent

Applicants for this category must hold an ‘advanced’ degree, meaning at least a master’s degree, or have equivalent qualifications; such as a baccalaureate degree and substantial experience in their field. Usually a minimum of 5 years’ experience is required in the absence of an advanced degree.

Offer of employment

EB-2(A) applicants must have a confirmed US job offer. The job offered must require an advanced degree or equivalent qualifications (baccalaureate degree and at least 5 years of experience in your field).

Criteria

EB-2(A) applicants must provide the following documents:

• Proof of an advanced degree, such as a master’s or PhD OR;
• Proof of a baccalaureate degree and at least 5 years of experience in your field
• Proof of a US job offer which requires an advanced degree or equivalent (baccalaureate degree and at least 5 years of experience in your field)

EB-2 (B): Exceptional ability in the sciences, arts or business

Applicants for this category must show exceptional ability – meaning much greater ability than most in the field – in the sciences, arts, or business; and must have at least 10 years of experience in their field.

Offer of employment

EB-2(B) applicants must have a confirmed US job offer. The job offered must be in line with the applicant’s level of exceptional ability.

Criteria

There are 7 criteria for the EB-2 (B) category. Applicants must provide evidence – in the form of documents – that they meet at least 3 of these criteria:

• Proof of an academic qualification in your field of exceptional ability
• Proof that you have at least 10 years of experience working full time in your field
• A professional license, if needed for your profession
• Proof that you earn a salary appropriate to your level of exceptional ability
• Membership of professional associations in your field
• Proof that your contributions to your field have been recognised by your peers, such as prizes and awards
• Some other proof of your exceptional ability is sometimes accepted, please contact us if you’re not sure if the evidence you have is suitable

EB-2 (C): National Interest Waiver

This visa category allows migrants to enter the US without a pre-existing job offer. EB-2 (C) applicants must demonstrate that they gaining legal permanent residence is in the US’s national interest. Usually applicants must have exceptional ability (similar to the other EB-2 categories) to be considered for this visa.

Offer of employment

No offer of employment is required for this category

Criteria

EB-2 (C) applicants must show that it is in the US’s national interest for them to gain legal permanent residence in. Usually this means demonstrating that they have exceptional ability or talent in certain fields that will make them an asset to the US. There are 7 criteria which demonstrate this ability. Applicants must provide evidence – in the form of documents – that they meet at least 3 of these criteria:

• Proof of an academic qualification in your field of exceptional ability
• Proof that you have at least 10 years of experience working full time in your field
• A professional license, if needed for your profession
• Proof that you earn a salary appropriate to your level of exceptional ability
• Membership of professional associations in your field
• Proof that your contributions to your field have been recognized by your peers, such as prizes and awards