Indian nationals can travel to the U.S. using various visa types, including the EB-2 visa. It is one of the most sought-after pathways for professionals from India who seek permanent residency in the target country. Moreover, it is an employment-based visa designed for individuals with advanced degrees or exceptional ability.
With the help of this visa, you will be eligible to get a U.S. green card. However, Indians have been facing severe backlogs since January 2013. Therefore, you need to be more strategic with your planning.
The following guide will help you learn about the EB-2 visa requirements and all the other essentials to navigate the process easily.
What is an EB-2 Visa for Indians?
The EB-2 visa for Indians is the second-preference employment-based immigrant visa category. It allocated almost 29 percent of the annual 140,000 employment-based green cards to the applicants, nearly 40,100 visas.
Applicants with an advanced degree or exceptional ability can apply for this visa type. Moreover, those who consider their employment to be in the national interest of the United States of America can get a National Interest Waiver (NIW) as part of their EB-2 visa application. With this EB-2 NIW visa, an Indian applicant can be considered a lawful permanent resident of the U.S.
Other types of Employment-Based (EB) visas
The following are some other types of employment-based (EB) visas.
- EB-1 visa/green card: Exceptional ability
- EB-2 visa/green card: Advanced degree or exceptional ability
- EB-3 visa/green card: Skilled, professionals, or other workers
- EB-4 visa/green card: Special immigrants
- EB-5 visa/green card: Investors
What Are the Three Methods of Getting an EB-2 Visa?
The following three methods can be used to get an EB-2 visa (green card). It is alternatively known as the three subcategories of an EB-2 visa.
- EB-2-A: Applicants who are advanced degree holders
- EB-2-B: Individuals with exceptional ability
- EB-2-C: Recipients of the National Interest Waiver (NIW)
The table shown below discusses the annual allocation of the EB-2 visa.
| Visa type | Annual allocation worldwide | Labor certification needed? |
| EB-2-A | Almost 28.6% of worldwide EB-2 visas | Yes |
| EB-2-B | Almost 28.6% of worldwide EB-2 visas | Yes |
| EB-2-C | Contains a part of the overall EB-2 quota | No |
EB-2 Visa Requirements and Eligibility Criteria for Applicants
Before submitting your application, make sure that you fulfill the following criteria and collect the documents mentioned below.
EB-2-A: Advanced degree pathway
The following requirements need to be met for this pathway.
- A U.S. master’s degree or foreign equivalent
- A bachelor’s degree
- Five years of progressive post-baccalaureate experience in the specific field
- A job offer from the potential US employer
Moreover, you also need to provide the following evidence.
- Academic transcripts
- Employment letters confirming progressive experience
EB-2-B: Exceptional ability pathway
Secondly, this pathway makes it mandatory for you to fulfill these requirements.
- Expertise should be ‘significantly above ordinary’ in science, arts, or business
- Meet at least three of these 7 criteria:
- Academic degree related to the relevant field
- More than 10 years of full-time experience
- Professional certification or license
- Salary showcasing exceptional abilities
- Peer recognition for excellent contributions
- Professional association membership
- Other notable evidence
EB-2-C: National Interest Waiver (NIW)
This method provides the following unique advantages to the applicants.
- No sponsorship from the employer
- No PERM labor certification needed
- Self-petitioning allowed
- Suitable for entrepreneurs, professionals, and researchers who want to work for the benefit of the US.
Furthermore, ensure to complete the following requirements.
- You must qualify as a person with an advanced degree or exceptional ability
- Show that you are well-positioned to advance the endeavor
- The endeavor must have ‘substantial merit and national importance’. For instance, healthcare innovation, national security contribution, job creation, etc.
| EB-2 Visa Eligibility Areas | |
|---|---|
| Endeavor focus | Examples |
| Scientific research | Medicine, AI, renewable energy |
| Economic impact | Jobs, attractive foreign investments |
| National security | Cybersecurity, defense technology |
| Healthcare | Public health research, medical device innovation |
| Arts and culture | Famous artists promoting US culture and heritage |
Important to note: After choosing the specific method, the potential US employer needs to file Form I-140. It is a Petition for Alien Worker on behalf of the applicant, unless the applicant is self-petitioning through the NIW (National Interest Waiver). In NIW, the applicant can file their case by themselves.
Do you know? Other than the National Interest Waiver visa category, the standard EB-2 visa requires the employer to file 2 applications, including a PERM (Program Electronic Review Management) application and a Labor Certification. This is used to represent that no other American is qualified enough or willing to fill the position. Moreover, the employer also needs to prove that they can pay the offered salary/wage, according to the current standards. For this purpose, they can submit a federal income tax return, an audited financial statement, and an annual report as evidence.
Step-by-Step EB-2 Visa Application Process
You can follow the steps given below to start the application process for an EB-2 visa to get permanent residency in the US.
Step 1: PERM labor certification
Before starting this step, the employer needs to prove that no US worker is qualified for this role. After that,
- Employers should get a prevailing wage determination within 2-4 months.
- Conduct recruitment through ads, online postings, and job fairs within 60 days.
- File ETA Form 9089 with the DOL (Department of Labor).
This entire step may take 8-24 months, but can be extended if an additional audit is required.
Step 2: File Form I-140
- The employer needs to file Form I-140 with USCIS.
- In case of self-petition, the applicant files the Form I-140 by themselves.
- Submit the relevant evidence, such as academic documents, employment letters, NIW evidence, and proof of the financial resources of the employer to pay the salary.
This step will take 6-9 months. In case of premium processing, the process just takes 15 days.
Step 3: Wait for the priority date
- The DOL will receive the date for PERM (EB-2-A/B) or USCIS receives Form I-140 (IW).
- Read out the Visa Bulletin to check the final action date.
- If Form I-140 is approved, you can apply and extend an H-1B visa beyond the 6-year limit.
Step 4: Apply for a green card
Lastly, start the consular processing if living abroad.
- File DS-260 and attend the interview at the US consulate.
- File Form I-486 to adjust your status and provide biometrics.
- Then, submit your passport, birth certificate, medical exam result, and police clearance certificate to submit your green card application.
Most Common EB-2 Visa Forms and Their Fees
This section discusses the common EB-2 forms used during the process and their associated fees.
- Firstly, Form I-140 needs to be filed and the applicant will pay almost 715$. Once approved, the cost will differ depending on the applicant’s area of residence.
- The fee for the consular (DS-260) is around $345 if the applicant is living abroad and they need to apply for an EB-2 visa through consular processing.
- If the applicant is already living in the U.S., they need to pay 1,440$ for Form I-485. It is also known as ‘an application for adjustment of status’.
- Other than that, they also need to cover the application fee for the medical exam/vaccinations, which will be around 200 to 400$.
- Furthermore, the applicant is also required to file Form I-864 or Affidavit of Support in case they have adequate finances to support themselves and their families during their stay in the United States. The total cost of this form is 120$. If the applicant fails to provide this document, their case will not proceed further.
- Lastly, if you want premium processing, i.e., 15 days of processing, you need to pay $2,805.
To sum it up, the total cost for an EB-2 visa is around 3,000 to 6,000$, excluding the legal fees.
| Common EB-2 Visas Forms | |||
|---|---|---|---|
| Category | Form I-140 | Form I-485 | Form I-864 |
| Cost | 700$ | 1,140$ | 120$ |
| Currency | USD | USD | USD |
| Subject | Field on behalf of the employer | Filed by the applicant | Filed by the applicant |
| Purpose | Immigrant petition for an alien worker | Adjustment of status | Proof of financial means |
How Long Does It Take to Get an EB-2 Visa?
The entire processing time for an EB-2 visa depends on the processing of the individual steps. For instance,
The Form I-140 may take almost 10 to 27 months, depending on the place where the applicant is filing the form. After approval, they need to check the U.S. Department of State’s Visa Bulletin to check the availability of the green card.
Once the visa is available, you can start the green card application process.
- If applying from within the U.S., submit Form I-485, and it may take more than 2 years for the USCIS to process the application.
- In case of applying from abroad via consular processing, you need to wait for almost 4 to 6 months.
Moreover,
- The PERM labor certification may take 8 to 24 months.
- The priority date wait for Indians is almost 12+ years.
- The Green Card application takes up to 7 to 33 months.
| EB-2 Visa Estimated Timeline for Indian Applicants | ||
|---|---|---|
| Stage | Duration | Total time elapsed |
| PERM + I-140 | 1.5 to 3 years | 1.5 – 3 years |
| Priority date wait | 12+ years | 13.5 – 15 years |
| I-485 or consular processing | 1 to 2 years | 14.5 – 17 years |
Special Factors that Indian Applicants Must Consider
Make sure that the Indian applicants consider the following points when applying for an EB-2 visa.
- Annually, only 7% of EB visas are allocated to each country. Thus, India gets almost 2,800 visa applications.
- Secondly, the priority date wait for EB-2 is almost 12+ years, as of 2013. For EB-1, it is 2-3 years.
- One of the strategies would be to file an EB-2 NIW now to get a priority date. After that, you can upgrade to EB-2-A if your qualifications improve.
- Moreover, if the priority date is current, you can file I-485 and I-140 simultaneously to save time.
- While you are waiting for the result, make sure that you build credentials, such as high-impact work, awards, and media coverage.
| Final Action Dates for EB-2 Visa | ||
|---|---|---|
| Country | Cut-off date | Change (in comparison to previous stats) |
| All countries | October 15, 2023 | +4 months |
| China | December 20, 2020 | +2 months |
| India | January 1, 2013 | No change |
| Mexico/Philippines | October 15, 2023 | +4 months |
Key Takeaways
- The EB-2 visa type offers three pathways for Indians, with the NIW being the most flexible one for those applicants who want to self-petition their case.
- The standard fee for an EB-2 visa ranges from 3,000 to 6,000 US dollars, excluding the legal fees.
- It has been more than 12 years since Indians have been facing severe backlogs. Make sure to introduce strategies, such as priority date retention for EB-2-A is critical.
- If you want to upgrade your EB-2-A, make sure that you file an NIW to set your priority date to build timely credentials.
- This application process requires you to be patient and strategic. So, you can consult an immigration lawyer to help you during this roadmap to build your profile.
Frequently Asked Questions
- Can my family accompany me to the target country on an EB-2 visa?
Yes, you can bring your family to the United States on an EB-2 visa. For this purpose, your children must be under 21 years old, and they, along with your spouse, can apply for visas once you have secured your EB-2 visa. As a result, your spouse will receive an E-21 status. This will also allow them to work with an EAD (Employment Authorization Document). On the other hand, unmarried children below 21 will get an E-22 status.
- What happens if my EB-2 visa application is rejected?
If your EB-2 visa application is rejected, you have the option of appealing the Form I-290B after understanding the visa rejection reason. Moreover, you can also refile the application with stronger evidence and supporting documents or explore other visa options if you are desperate to travel to the U.S., such as EB-1A, O-1, etc.
- Is it permissible to change jobs during the EB-2 process?
For the first two categories of EB-2 visas, i.e., EB-2-A and EB-2-B, you can change your job before the Form I-485 approval requires refiling of PERM. However, if you get approval (green card), you can change jobs but within the same field. Surprisingly, NIW applicants have more flexibility in this regard.
- What is the difference between NIW and NIE?
Both NIW and NIE are used for different purposes. Look at the following table.
| NIW (National Interest Waiver) | NIW (National Interest Exception) |
| This employment-based immigrant visa category allows foreign nationals to get permanent U.S. residency without getting a job offer or labor certification. For this purpose, they need to prove that their work/skill is in the national interest of the United States. | On the other hand, this waiver allows individuals to be exempted from various travel restrictions, as granted by the U.S. government. During the COVID period, the Presidential Proclamations restricted certain individuals from entering the U.S. who have been physically present in other countries within a specific timeframe. The NIE uplifts these restrictions if the applicant can work in the national interest of the country. This includes research conduct, vital support for critical infrastructure, and efforts for economic recovery. |
- Is applying for an EB-2 NIW realistic for business professionals?
Yes. Economists, entrepreneurs, and executives can apply for an EB-2 NIW visa. They must prove that they will help create jobs, stimulate sector-wide innovation, and promote regional development.
- What is a PERM certification?
Before filing for an EB-2 visa, the employer needs to get a permanent labor certification from the DOL (Department of Labor). However, before that, the DOL needs to evaluate whether hiring a non-US employee would:
- Prevent equally qualified US workers from getting the same jobs
- Negatively affect the working conditions or wages of the U.S. workers
- What should be included in the expert letters?
Indians applying for an NIW need to submit an expert letter as a supporting document. Therefore, the document must include the following information.
- The relationship of the expert with the applicant
- Support of the expert for the project plan of the applicant
- The importance of the applicant’s endeavor on a national level
- Track record of the applicant
- Applicant’s ability to execute the project’s demands
- References, if the applicant has published any material
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