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.

​

What Is the EB-2 Visa?

The EB-2 visa is designed for individuals who meet the following qualifications:

1. 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.

2. Exceptional Ability: Individuals with exceptional skills and expertise in sciences, arts, or business that significantly benefit the U.S. economy, culture, or welfare.

3. 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.

​

EB-2 Visa Subcategories

​

1. EB-2(A): Advanced Degree Professionals

• Eligibility Requirements:

  • A master’s degree or higher (or foreign equivalent).

  • A bachelor’s degree plus at least five years of progressive work experience in the specialty field.

• Documentation:

  • Educational credentials (degrees, transcripts, foreign credential evaluations).

  • Employment letters detailing job duties, progression, and relevance of work experience.

​

2. EB-2(B): Exceptional Ability

• Eligibility Requirements:

  • Must demonstrate exceptional ability in sciences, arts, or business.

  • Exceptional ability means a degree of expertise significantly above that ordinarily encountered in the field.

• Criteria (Meet at Least Three):

  1. Official academic record showing a degree, diploma, or certificate in the area of expertise.

  2. Letters documenting at least 10 years of full-time experience in the field.

  3. Licensure or certification to practice in the field.

  4. Evidence of a high salary indicating exceptional ability.

  5. Membership in professional associations.

  6. Recognition for achievements or contributions in the field by peers or organizations.

​

3. EB-2(C): National Interest Waiver (NIW)

• What Is the National Interest Waiver?

  • The NIW waives the requirement for a labor certification (PERM) and a specific job offer, allowing applicants to self-petition.

• Eligibility Requirements:

  • Applicants must show their work is of substantial intrinsic merit and benefits the U.S. national interest.

• Key NIW Criteria (Dhanasar Standard):

  1. The work has substantial merit and national importance.

  2. The applicant is well-positioned to advance the proposed endeavor.

  3. Waiving the labor certification benefits the U.S. more than enforcing it.

​

Key Benefits of the EB-2 Visa

1. Permanent Residency:

   • Provides a direct pathway to a green card.

2. Family Benefits:

   • Spouses and children under 21 can obtain green cards as dependents.

3. Self-Petition Option (NIW):

   • No employer sponsorship required for National Interest Waiver cases.

4. Dual Intent:

   • Allows applicants to apply for permanent residency without affecting their current non-immigrant visa status.

​

Step-by-Step EB-2 Visa Process

​

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).

1. Job Advertisement:

   • The employer must advertise the job in multiple channels and document recruitment efforts.

2. Filing Form ETA-9089:

   • Submit the PERM application to the DOL.

3. Processing Time:

   • 6–12 months, plus potential audit delays.

Note: PERM is not required for NIW applicants.

​

Step 2: File Form I-140 (Immigrant Petition for Alien Worker)

• The employer (or the applicant in NIW cases) files Form I-140 with USCIS to classify the applicant under the EB-2 category.

• Required Documents:

  • Approved PERM labor certification (if applicable).

  • Evidence of educational qualifications.

  • Letters and documentation proving work experience or exceptional ability.

  • NIW applicants must include a detailed petition outlining the national interest of their work.

​

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.

1. If in the U.S.:

   • File Form I-485 to adjust status to lawful permanent resident.

   • Can concurrently file Forms I-765 (Work Authorization) and I-131 (Travel Authorization).

2. If Outside the U.S.:

   • Complete consular processing through the National Visa Center (NVC) and attend an interview at a U.S. embassy or consulate.

Processing Times

1. PERM Labor Certification: 6–12 months (plus audit delays).

2. Form I-140:

   • Regular Processing: 4–9 months.

   • Premium Processing: 15 calendar days (available for an additional $2,500).

3. Adjustment of Status or Consular Processing: 8–14 months.

​

Common Challenges and Solutions

​

1. Proving Advanced Degree or Exceptional Ability

• Challenge: USCIS may request additional evidence to substantiate qualifications.

• Solution: Provide a comprehensive portfolio of documentation, including credential evaluations, employment letters, and evidence of achievements.

​

2. Meeting National Interest Waiver Criteria

• Challenge: Demonstrating the national importance of the proposed work can be subjective.

• Solution: Prepare a detailed, well-argued petition supported by letters from industry experts and evidence of the project’s impact.

​

3. Delays in PERM Processing

• Challenge: Labor certification can significantly delay the overall process.

• Solution: Start the PERM process early and ensure compliance with all recruitment and documentation requirements.

​

Why Choose the EB-2 Visa?

1. Preferred for Highly Skilled Workers:

   • The EB-2 visa provides a faster route to permanent residency for individuals with advanced degrees or exceptional abilities.

2. Flexibility with NIW:

   • Allows applicants to bypass the employer sponsorship requirement if they can demonstrate national interest.

3. Priority Date Advantage:

   • EB-2 applicants often benefit from shorter wait times compared to EB-3 applicants.

​

How We Can Help

Our firm specializes in navigating the complexities of the EB-2 visa process. Here’s how we assist:

1. Eligibility Evaluation:

   • Assess qualifications and determine the best EB-2 subcategory for your case.

2. PERM and I-140 Filing:

   • Guide employers through the labor certification process and ensure accurate petition filings.

3. NIW Petition Preparation:

   • Craft detailed, compelling arguments to meet the national interest criteria.

4. RFE and Denial Defense:

   • Respond to USCIS inquiries and appeals with strong legal strategies.

​

Contact us today to schedule a consultation and take the first step toward obtaining your green card through the EB-2 visa!