
EB-2 Visa: Employment-Based Green Cards for Advanced Degree Professionals and Exceptional Ability Individuals
The EB-2 visa is a second-preference employment-based green card category for individuals with advanced degrees or exceptional ability in their professional fields. This visa offers a pathway to permanent residency for qualified individuals who can contribute to the U.S. workforce or national interest.
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What Is the EB-2 Visa?
The EB-2 visa is designed for individuals who meet the following qualifications:
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Advanced Degree Professionals: Applicants with a U.S. master’s degree (or higher) or its foreign equivalent, or a bachelor’s degree plus five years of progressive work experience in the field.
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Exceptional Ability: Individuals with exceptional skills and expertise in sciences, arts, or business that significantly benefit the U.S. economy, culture, or welfare.
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National Interest Waiver (NIW): Individuals whose work is deemed to be in the U.S. national interest can self-petition and bypass the labor certification requirement.
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EB-2 Visa Subcategories
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1. EB-2(A): Advanced Degree Professionals
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Eligibility Requirements:
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A master’s degree or higher (or foreign equivalent).
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A bachelor’s degree plus at least five years of progressive work experience in the specialty field.
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Documentation:
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Educational credentials (degrees, transcripts, foreign credential evaluations).
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Employment letters detailing job duties, progression, and relevance of work experience.
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2. EB-2(B): Exceptional Ability
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Eligibility Requirements:
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Must demonstrate exceptional ability in sciences, arts, or business.
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Exceptional ability means a degree of expertise significantly above that ordinarily encountered in the field.
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Criteria (Meet at Least Three):
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Official academic record showing a degree, diploma, or certificate in the area of expertise.
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Letters documenting at least 10 years of full-time experience in the field.
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Licensure or certification to practice in the field.
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Evidence of a high salary indicating exceptional ability.
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Membership in professional associations.
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Recognition for achievements or contributions in the field by peers or organizations.
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3. EB-2(C): National Interest Waiver (NIW)
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What Is the National Interest Waiver?
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The NIW waives the requirement for a labor certification (PERM) and a specific job offer, allowing applicants to self-petition.
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Eligibility Requirements:
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Applicants must show their work is of substantial intrinsic merit and benefits the U.S. national interest.
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Key NIW Criteria (Dhanasar Standard):
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The work has substantial merit and national importance.
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The applicant is well-positioned to advance the proposed endeavor.
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Waiving the labor certification benefits the U.S. more than enforcing it.
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Key Benefits of the EB-2 Visa
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Permanent Residency:
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Provides a direct pathway to a green card.
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Family Benefits:
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Spouses and children under 21 can obtain green cards as dependents.
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Self-Petition Option (NIW):
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No employer sponsorship required for National Interest Waiver cases.
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Dual Intent:
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Allows applicants to apply for permanent residency without affecting their current non-immigrant visa status.
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Step-by-Step EB-2 Visa Process
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Step 1: Labor Certification (PERM Process) (Required for EB-2(A) and EB-2(B))
The employer must demonstrate there are no qualified U.S. workers available for the position by obtaining labor certification through the Department of Labor (DOL).
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Job Advertisement:
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The employer must advertise the job in multiple channels and document recruitment efforts.
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Filing Form ETA-9089:
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Submit the PERM application to the DOL.
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Processing Time:
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6–12 months, plus potential audit delays.
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Note: PERM is not required for NIW applicants.
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Step 2: File Form I-140 (Immigrant Petition for Alien Worker)
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The employer (or the applicant in NIW cases) files Form I-140 with USCIS to classify the applicant under the EB-2 category.
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Required Documents:
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Approved PERM labor certification (if applicable).
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Evidence of educational qualifications.
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Letters and documentation proving work experience or exceptional ability.
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NIW applicants must include a detailed petition outlining the national interest of their work.
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Step 3: Adjustment of Status (Form I-485) or Consular Processing
Once the I-140 petition is approved, the applicant can proceed to apply for permanent residency.
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If in the U.S.:
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File Form I-485 to adjust status to lawful permanent resident.
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Can concurrently file Forms I-765 (Work Authorization) and I-131 (Travel Authorization).
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If Outside the U.S.:
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Complete consular processing through the National Visa Center (NVC) and attend an interview at a U.S. embassy or consulate.
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Processing Times
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PERM Labor Certification: 6–12 months (plus audit delays).
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Form I-140:
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Regular Processing: 4–9 months.
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Premium Processing: 15 calendar days (available for an additional $2,500).
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Adjustment of Status or Consular Processing: 8–14 months.
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Common Challenges and Solutions
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1. Proving Advanced Degree or Exceptional Ability
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Challenge: USCIS may request additional evidence to substantiate qualifications.
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Solution: Provide a comprehensive portfolio of documentation, including credential evaluations, employment letters, and evidence of achievements.
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2. Meeting National Interest Waiver Criteria
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Challenge: Demonstrating the national importance of the proposed work can be subjective.
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Solution: Prepare a detailed, well-argued petition supported by letters from industry experts and evidence of the project’s impact.
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3. Delays in PERM Processing
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Challenge: Labor certification can significantly delay the overall process.
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Solution: Start the PERM process early and ensure compliance with all recruitment and documentation requirements.
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Why Choose the EB-2 Visa?
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Preferred for Highly Skilled Workers:
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The EB-2 visa provides a faster route to permanent residency for individuals with advanced degrees or exceptional abilities.
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Flexibility with NIW:
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Allows applicants to bypass the employer sponsorship requirement if they can demonstrate national interest.
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Priority Date Advantage:
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EB-2 applicants often benefit from shorter wait times compared to EB-3 applicants.
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How We Can Help
Our firm specializes in navigating the complexities of the EB-2 visa process. Here’s how we assist:
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Eligibility Evaluation:
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Assess qualifications and determine the best EB-2 subcategory for your case.
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PERM and I-140 Filing:
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Guide employers through the labor certification process and ensure accurate petition filings.
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NIW Petition Preparation:
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Craft detailed, compelling arguments to meet the national interest criteria.
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RFE and Denial Defense:
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Respond to USCIS inquiries and appeals with strong legal strategies.
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Contact us today to schedule a consultation and take the first step toward obtaining your green card through the EB-2 visa!