EB2 sponsorship refers to an employer petitioning for a foreign professional to obtain U.S. permanent residence under the Employment-Based Second Preference (EB-2) immigrant visa category.
The EB-2 category is designed for professionals with advanced degrees or individuals with exceptional ability in their field.
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What Is EB2 Sponsorship?
EB2 sponsorship allows a U.S. employer to sponsor a qualified foreign worker for a green card. The employer typically files Form I-140 after completing the PERM labor certification process.
Approval grants the employee eligibility to apply for permanent residence once the priority date becomes current.
EB-2 Eligibility Requirements
To qualify for EB2 sponsorship, the employee must meet one of the following criteria:
Advanced Degree Professional
- Master’s degree or higher; or
- Bachelor’s degree plus five years of progressive experience
Exceptional Ability
- Demonstrated expertise significantly above ordinary standards in sciences, arts, or business
The job itself must also require an advanced degree or equivalent qualifications.
PERM Labor Certification
Most EB2 sponsorship cases require PERM labor certification from the U.S. Department of Labor. This process ensures no qualified U.S. workers are available for the position.
- Employer conducts recruitment efforts
- Files PERM application
- Waits for certification approval
Some applicants may qualify for a National Interest Waiver (NIW), which does not require employer sponsorship.
EB2 Sponsorship Process
- Step 1: Employer completes PERM labor certification (if required)
- Step 2: Employer files Form I-140 immigrant petition
- Step 3: Wait for priority date to become current
- Step 4: File Form I-485 (Adjustment of Status) or complete consular processing
- Step 5: Attend biometrics and interview if required
- Step 6: Receive green card approval
Processing timelines depend on visa bulletin backlogs and country of birth.
Priority Dates and Visa Bulletin
The sponsorship is subject to annual visa limits. Applicants from certain countries may experience longer waiting periods due to per-country caps.
Employer Requirements
To sponsor under EB2 sponsorship rules, employers must:
- Offer a permanent full-time position
- Demonstrate ability to pay the offered wage
- Comply with PERM recruitment standards
Employers are responsible for certain filing fees and compliance obligations.
Costs Involved
- PERM recruitment costs
- Form I-140 filing fee
- Premium processing (optional)
- Form I-485 filing fee
- Legal representation fees
Federal regulations require employers to cover mandatory PERM-related costs.
Benefits of EB2 Sponsorship
- Lawful permanent residence
- Ability to live and work anywhere in the United States
- Eligibility for U.S. citizenship after meeting residency requirements
- Inclusion of spouse and unmarried children under 21
Permanent residents enjoy long-term immigration stability.
Common Challenges
- PERM processing delays
- Visa retrogression
- Documentation errors
- Wage compliance issues
Accurate documentation significantly improves approval chances.
Frequently Asked Questions
Is employer sponsorship required for EB-2?
Yes, except in cases qualifying for a National Interest Waiver.
How long does EB2 sponsorship take?
It can take several months to multiple years depending on backlog and country of birth.
Can EB-2 lead to U.S. citizenship?
Yes. After obtaining permanent residence and meeting residency requirements, applicants may apply for naturalization.
Final Thoughts
EB2 sponsorship provides a structured pathway for highly skilled professionals to obtain permanent residence in the United States. Meeting advanced degree requirements and navigating PERM successfully are key to approval.