A complete guide for employers navigating EB2 visa requirements

If your company is hiring globally, it’s critical to know the regulations and processes involved so you can hire the best workers. One area that you definitely want to understand is work visas.

If you’ve heard of the EB2 visa (and maybe have done some research), for example, you know there’s a lot to the process. 

This guide discusses EB2 visa requirements, explains how sponsoring them can benefit your business, and provides an overview of the process.

What is the EB2 visa?

An EB2 visa is an employment-based visa intended for certain non-US citizens: those with an advanced degree or those who have demonstrated exceptional ability within their chosen field. Applicants with exceptional abilities can prove they’ve achieved significant arts, sciences, or business accomplishments.

EB2 visas are highly sought after. When granted, they give holders permanent resident status in the US or the equivalent of a green card. That said, employers interested in hiring top talent must know the requirements for obtaining EB2 visas. For example, applicants must present a job offer from a sponsoring employer.

Given the demand for the EB2 visa, both employers and potential employees should recognize and allow for processing time. In addition, only a limited number of visas are granted each year. 

More companies are using this visa to hire skilled employees. In 2023, there was a 20% increase in form submissions. The good news? There was also a 90% approval rate.

Interested in learning more about US visas in general? Check out our guide to work permits and visas in the US.

What are the EB2 visa requirements?

There are three types of EB2 visas, each with its own set of requirements. Here’s a quick look at each of them:

EB2A: Advanced degree

Applicants for the EB2A visa must hold an advanced degree in their field of expertise or its foreign equivalent. In addition, the job they’re applying for must require this degree to be performed. The candidate must also have worked for at least five years in their post-baccalaureate role or have demonstrated other progressive work experience in the same field. 

All applicants must also meet other requirements, as stated by the specific labor certification received.

Here is the required documentation:

• An official academic record showing that the applicant has received an advanced degree in the US or its foreign equivalent

• An official academic record showing that the applicant has received a baccalaureate degree in the US or its foreign equivalent

• Letters documenting five years of work experience from current or past employers

EB2B: Exceptional ability

To apply for an EB2B visa, applicants must demonstrate exceptional ability in arts, sciences, or business. This type of expertise is significantly beyond that of typical peers.

Applicants must provide proof of at least three of the following criteria:

An official academic record showing that they have received a degree, diploma, or certificate from a college, university, or other institution and demonstrated exceptional ability

• Letters documenting at least 10 years’ worth of experience in their chosen field

• A license to practice the profession or occupation from a professional organization

• Evidence of payment or other remuneration for practice in their chosen field

• Membership in a professional association or organization

• Recognition for achievements by peers, industry associations, or government entities

• Other comparable and documented evidence showing proof of their degree of expertise

Applicants must also meet all the requirements specified on the Labor Application.

EB2C: National interest waiver (NIW)

As an employer, you won’t be required to sponsor applicants for the EB2C visa. However, it’s essential to understand the basics as you may work with EB2C recipients if you hire independent contractors.

Applicants for the NIW visa must show that it’s in the US’s best interest for the US Citizenship and Immigration Services (USCIS) to waive the Labor Certification and job offer requirements. To do this, they must prove that the advantages of granting the waiver outweigh the benefits provided by the job offer and the certification requirements.

The applicant must meet the requirements of either the EB2A or EB2B visas. They must also provide evidence demonstrating that their job prospect or endeavor is in the best interest of the US, offers a significant contribution, and is well-positioned to achieve its goals.

This evidence could include the following:

• News articles or other media documenting how the applicant positively contributes to national interests

• Academic research or papers demonstrating the significance of the applicant’s contribution

• Letters of recommendation from recognized peers, clients, or employers

• Certificates of merit, awards, or other professional recognition

• Proposed and completed project plans, including goals and timelines

• Intellectual property rights, such as patents or trademarks

• Government or private funding or grants

EB2C visas are a popular option, with NIW petitions having doubled in 2023.

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What are the EB2 visa benefits for an employer?

Employers can expect some perks from sponsoring applicants for EB2 visas, including the following.

Expanded talent pool

Going beyond US borders means your company enjoys greater access to highly skilled talent. A global workforce enhances innovation due to varying perspectives, ideas, and contributions. Also, fostering diversity within a business organization leads to positive gains in productivity and operations. 

Positive workplace culture and trusting relationships develop when diversity, equity, and inclusion are prioritized.

Recruitment advantage

Sponsoring sought-after applicants with EB2 visas gives you a competitive edge over ‌ companies that don’t (or won’t) sponsor prospective employees.

Worldwide, 18% of people who wish to relocate want to come to the US, so your company has a distinct advantage. 

EB2 visa sponsorships also support your employees’ personal lives and overall well-being. Immediate familymembers, including spouses and unmarried children, can join EB2 visa holders in the US.

Long-term gains

Since EB2 visas have permanent residency status, you and your employee can enjoy long-term employment opportunities. Job stability is one of the main reasons workers want to stay with a company.

Having talented employees for the long term reduces the time, energy, and costs associated with recruiting, hiring, onboarding, and training. On average, new hires cost $4,700, with some employers estimating total costs of more than three to four times the position’s salary. Use Remote’s Employee Cost Calculator to estimate the cost of hiring in a particular country. 

With these advantages in mind, let’s turn to the steps in the EB2 visa process.

What does the EB2 visa process look like?

Here’s how to support your potential employee throughout the EB2 visa application process:

1. Determine the applicant’s eligibility

Start by verifying that your potential applicant meets the criteria for either the EB2A or EB2B visas.

For example, have them provide copies of their diploma(s) if they’re pursuing the EB2A visa. If they seek the EB2B visa for exceptional ability, verify their previous employment, professional memberships, degrees, or certificates.

2. Determine the prevailing wage

The US Department of Labor (DOL) mandates that wages offered to non-US citizens be consistent with the average wage paid to workers in similar occupations. The employer must pay the prevailing or actual wage of similar workers, whichever is higher. Avoid costly penalties and reputational damage by confirming the wage rate through OFLC Wage Search. Once the wage is determined, you’re ready to sponsor your applicant.

3. File for permanent labor certification

Permanent labor certification allows you to sponsor and hire a non-US citizen. It determines whether US-based workers would be prevented from obtaining work in a similar field and whether hiring a foreign worker would prove detrimental to the field in the long run.

Complete and file this form through the US DOL via the PERM System.

Applicants must have a completed, approved PERM form to apply for an EB2 visa.

4. File the I-140 petition

Once the PERM is in hand, file the I-140, Immigrant Petition for Alien Workers within 180 days of receiving the labor certification.

When completing the document, ensure that:

• The prospective job or position is the same as the one listed on the initial PERM certification

• The applicant is well-qualified for the position

Employers must also supply the following:

1. Proof that the Permanent Labor Certification has been obtained

2. Evidence that the employer can pay the applicant the promised wage

3. Documentation that the applicant has traveled (or will travel) to the US lawfully

4. Proof of the applicant’s advanced degree or exceptional ability through the required documents

5. Payment of the filing fee

Approvals run four to six months, but employers can pay an extra processing fee to reduce it to a few weeks.

5. Schedule a US Consulate interview

Once the I-140 petition is approved, the applicant is eligible to schedule an interview with the US Consulate. This is the part of the process when the applicant officially applies for the EB2 visa.

If the applicant is already lawfully present and residing in the US, they will need to apply for an adjustment of status.

Before the interview, review the applicant’s eligibility criteria and the documentation they intend to bring to support their visa request. 

Applicants are informed at the end of the interview whether their visa is approved or denied.

6. Monitor the priority date

If an applicant’s visa request is accepted, the next step is to monitor their priority date. This is the date USCIS considers an individual to have officially declared their intent to apply for permanent residency in the US. Priority dates guarantee applicants a place in line for their visas.

The Department of State manages and updates the Visa Bulletin monthly so that employers and applicants can reference the priority dates.

7. Complete the final steps and approval

Once the priority date arrives, the applicant can officially apply for the EB2 visa. The applicant has one calendar year to apply; otherwise, they forfeit their place in line.

Approval of the EB2 visa gives employees permanent status with immediate work authorization.

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Five best practices for employers navigating the EB2 visa

The EB2 visa application process can be grueling for prospective employees. Here’s how you can help

1. Know your eligibility criteria

Ensure HR and hiring managers understand the requirements for each type of EB2 visa. Given the time and resources involved, you don’t want to waste it.

You also want to avoid the reputational damage that results when sponsorships are repeatedly rejected or found invalid.

2. Triple-check all documentation

Take some time to ensure all the documentation is accurate, thorough, and complete. Engage legal expertise, if needed, to avoid costly mistakes and assumptions.

Whether you’re hiring locally or globally, you must understand the many differences in rules and regulations that exist. Remote’s HR Management experts ensure you can hire, onboard, and pay your employees in full compliance with local laws

3. Streamline your communication

Invest in robust, secure processes so that you can chat, meet virtually, and send protected documents through email. 

Clarify your intentions and the necessary processes in writing and upload to shared sites for easy reference.

Establish clear timelines and company procedures for follow-up, too. For example, once the PERM certification is received, the time frame for the completion of the I-140 petition is set.

4. Support your employees

Relocating, especially to a new country, is stressful. Support your new employees’ families to help them obtain additional visas if they need them.

Your business can further support your applicants with relocation services and community resources.

Provide diversity and inclusion training where needed during this time, especially if these efforts are new to your organization.

5. Use a global HR management platform

Why run the risk of noncompliance or costly mistakes? Get support from global hiring experts like Remote to ensure your business stays on top of the relevant rules, regulations, and international employment laws.

Remote provides access to robust hiring and onboarding systems so that you can get your new employees up and running in minutes. For example, we can help you pay remote workers abroad and get set up in other countries with our EOR services.

Remote may be able to offer sponsorship for visas and work permits but this depends on the country and unique circumstances. If you have questions about immigration, relocation, or visas and work permits, contact our mobility gurus for expert guidance and advice. 

Easily manage your international employees with Remote

While the process for EB2 visas can be time-consuming, it’s well worth the effort once you’ve landed top talent. With Remote, you can make the process of managing your international employees simple, fast, and efficient.

Remote’s global HR management platform helps employers looking to hire, retain, and manage international employees. With Global Payroll, you can pay employees in each country you have an entity in, starting with the US. And if you want to expand, you can enlist Remote's EOR services to help you hire and pay international employees compliantly.

Contact Remote to start efficiently managing your global workforce today!

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