The EB-2 (Employment-Based, Second Preference) is a U.S. immigrant visa category designed for foreign nationals who possess an advanced degree or have exceptional ability in their field. This category is aimed at professionals seeking permanent residency in the United States based on their skills, experience, and qualifications.
The EB-2 category has three subcategories:
1. Advanced Degree Professionals: This subcategory is for individuals holding an advanced degree (such as a Master’s, Ph.D., or equivalent) or a Bachelor’s degree plus at least five years of progressive work experience in their field. The job being offered must require an advanced degree or equivalent experience.
2. Exceptional Ability: This subcategory is for individuals with exceptional ability in the sciences, arts, or business. Exceptional ability is defined as a level of expertise significantly above that ordinarily encountered in the respective field. Applicants must provide evidence to support their exceptional ability claim, such as academic records, awards, or professional licenses.
3. National Interest Waiver (NIW): This subcategory allows individuals with exceptional abilities or advanced degrees to apply for a Green Card without the need for a job offer or labor certification if their work is deemed to be in the national interest of the United States. To qualify for an NIW, the applicant must demonstrate that their work has substantial intrinsic merit, national importance, and that they are well-positioned to advance their proposed endeavor.
The EB-2 visa category generally has shorter wait times for processing compared to the EB-3 category, which is intended for skilled workers, professionals, and unskilled workers. However, the EB-2 category still requires the employer to go through the PERM Labor Certification process (unless applying for a National Interest Waiver), which involves demonstrating that there are no qualified, willing, and able U.S. workers available for the position being offered.
Here’s a step-by-step guide for a company to sponsor an employee for an EB-2 Green Card, along with the estimated costs and timelines associated with each step:
1. Job Requirements:
Ensure the position being offered requires at least a Master’s degree or a Bachelor’s degree plus five years of progressive work experience in the field.
Cost: No direct cost associated with defining job requirements.
Timeline: A few days to a couple of weeks.
2. PERM Labor Certification:
a. Prevailing Wage Determination (PWD):
Request a PWD from the U.S. Department of Labor (DOL) to establish the appropriate wage for the position.
Cost: No direct cost for obtaining PWD.
Timeline: 4 to 6 months.
b. Recruitment Efforts:
Conduct a good faith recruitment process to demonstrate that there are no qualified, willing, and able U.S. workers available for the position. Advertise the job through various channels.
Cost: Advertising costs can vary depending on the chosen channels, but expect to spend between $1,000 to $4,000 on recruitment advertising.
Timeline: 2 to 3 months.
c. Filing the PERM application:
File the PERM Labor Certification application (Form ETA-9089) with the DOL.
Cost: No direct filing fees for the PERM application. However, legal fees for an attorney to assist with the process can range from $3,000 to $7,000.
Timeline: 6 to 9 months (longer if audited).
3. I-140 Immigrant Petition:
File Form I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS).
Cost: The filing fee for Form I-140 is $700. Legal fees for an attorney to assist with the I-140 petition can range from $2,000 to $5,000.
Timeline: 4 to 6 months (premium processing available for an additional $2,500, guaranteeing a response within 15 calendar days).
4. Adjustment of Status or Consular Processing:
a. Adjustment of Status (Form I-485):
If the employee is already in the U.S., they can apply for an Adjustment of Status.
Cost: The filing fee for Form I-485 is $1,225 for applicants aged 14-78, including biometrics fees. Legal fees for an attorney to assist with the I-485 application can range from $1,500 to $3,000.
Timeline: 8 to 14 months.
b. Consular Processing:
If the employee is outside the U.S., they can apply for an Immigrant Visa through consular processing.
Cost: The filing fee for an Immigrant Visa application is $325 per person. Legal fees for an attorney to assist with consular processing can range from $1,000 to $2,000.
Timeline: 6 to 12 months.
Additional costs:
– If a dependent spouse or children are also applying for a Green Card, there will be additional fees for their I-485 applications or Immigrant Visas.
– Translation, document preparation, and other incidental costs can also add to the overall expenses.
Please note that these costs and timelines are estimates and can vary depending on the complexity of the case and the specific circumstances. It’s highly recommended to consult with an immigration attorney to get a better understanding of the costs and timelines involved for your particular situation.