The EB-2 visa is a second-preference employment-based immigrant visa category that allows qualified foreign nationals to obtain permanent residency (a green card) in the United States. It is primarily designed for professionals holding advanced degrees or persons with exceptional ability in the sciences, arts, or business.
Who Qualifies for an EB-2 Visa (EB-2A, EB-2B, EB-2C)?
Applicants generally fall into one of two subcategories:
Advanced Degree Professionals (EB-2A)
You qualify if you hold an advanced degree (master’s, doctorate, or foreign equivalent) OR a bachelor's degree plus at least five years of progressive, post-baccalaureate work experience in your field.
Persons of Exceptional Ability (EB-2B)
You qualify if you possess exceptional ability in the sciences, arts, or business, meaning your expertise is significantly above the ordinary in your field. Evidence may include a high salary, professional memberships, awards, licenses, publications, or expert recommendation letters.
National Interest Waiver (NIW) – EB-2C
The National Interest Waiver is not a separate category of eligibility; it is a waiver of the job offer and labor certification requirements. Applicants must still first qualify under EB-2A or EB-2B. If their work has substantial merit and benefits the U.S. broadly, they may seek an NIW. For example, a researcher developing a critical vaccine could qualify if their work addresses a matter of national importance, such as COVID-19.
EB-2 Visa Benefits
Permanent Residency: The EB-2 visa leads to lawful permanent residency (green card), allowing you to live and work permanently in the U.S.
Often Shorter Wait Times: Compared to some other employment-based categories, EB-2 visas often involve shorter wait times—especially for applicants from countries that are not backlogged.
Derivative Family Members: Your spouse and unmarried children under 21 can also apply for green cards as your dependents. Spouses may apply for work authorization, and children can attend school in the U.S.
Path to Citizenship: Green card holders may apply for U.S. citizenship through naturalization after meeting residency requirements.
Additional Benefits: In-state tuition eligibility, travel flexibility, and greater long-term stability.
EB-2A vs. EB-2B: Key Differences
National Interest Waiver (NIW) Explained
The NIW allows qualified applicants to self-petition (file Form I-140 without employer sponsorship) by showing that waiving the job offer and labor certification would serve the U.S. national interest.
Eligibility Criteria for NIW
Applicants must show:
The proposed work has substantial merit and national importance
The applicant is well-positioned to advance the work (e.g., strong track record, publications, professional expertise)
On balance, it benefits the U.S. to waive the job offer and labor certification
The current USCIS policy (based on the 2016 Matter of Dhanasar decision) emphasizes a flexible, holistic evaluation, considering evidence such as publications, patents, awards, and professional impact.
EB-2 Visa Processing Times (2025 Update)
Processing times vary depending on your country of birth (called country of chargeability), USCIS service center, and visa bulletin availability.
PERM Labor Certification: 12–24 months (longer if audited).
Form I-140 Immigrant Petition: 6–8 months; premium processing available (15 business days).
Adjustment of Status (Form I-485): 8–14 months depending on local USCIS field office
Consular Processing: Timeline varies by U.S. Embassy/Consulate.
Visa Bulletin & Priority Dates:
Your priority date (the date your labor certification or I-140 petition was filed) determines your place in line for a visa number. You must check the Visa Bulletin monthly to know if your date is current.
How to Apply for an EB-2 Visa: Step-by-Step
Step 1: PERM Labor Certification (Except NIW)
Employer files Form ETA-9089 with the Department of Labor (DOL) to confirm no qualified U.S. workers are available.
Employer must conduct a recruitment process including:
Job orders with State Workforce Agencies (30 days)
Two Sunday newspaper ads or equivalent journal ads
Additional recruitment through job fairs, online postings, or professional organizations
Employer must offer at least the prevailing wage (the typical wage for the role, as determined by DOL).
Step 2: Form I-140 Immigrant Petition
Employer (or NIW self-petitioner) files Form I-140 to classify the worker as EB-2.
Evidence includes PERM approval (if required), proof of qualifications, job offer, and employer’s ability to pay.
NIW applicants file Form I-140 with evidence of national interest criteria.
Step 3: Adjustment of Status (I-485) or Consular Processing
If in the U.S. and your priority date is current, file Form I-485 to adjust status (get your green card).
If outside the U.S., complete consular processing and attend an interview at a U.S. Embassy or Consulate.
Required Documents and Evidence
Academic diplomas, transcripts, and evaluations
Employment verification letters showing progressive experience
Resume or CV
Evidence of exceptional ability (for EB-2B): memberships, recommendation letters, publications, patents, awards, salary documentation
PERM Labor Certification approval notice (if required)
Form I-140 approval/receipts
NIW applicants: evidence addressing the three NIW criteria
Proof of lawful U.S. status (if applicable)
Passport and biographic information
Birth/marriage certificates for dependents
Summary
The EB-2 visa (employment-based second preference) offers a valuable path for highly skilled foreign nationals to obtain a U.S. green card. Whether applying under EB-2A (advanced degree), EB-2B (exceptional ability), or seeking a National Interest Waiver, success depends on meeting eligibility requirements and carefully navigating the multi-step application process.
If you’re considering an EB-2 green card, our team can guide you through each stage to ensure your petition is as strong as possible.