The EB-2 category is an employment-based pathway to U.S. permanent residency for highly educated and skilled professionals. It is available to foreign nationals who either hold an advanced degree or its equivalent or have exceptional ability in the sciences, arts, or business. This category recognizes that individuals with specialized skills or education can make important contributions to the U.S. workforce.

To qualify under the Advanced Degree subcategory, an applicant must have a U.S. master’s degree, a foreign equivalent, or a bachelor’s degree plus five years of progressive work experience in the field. The job offered must require this level of education. For the Exceptional Ability subcategory, the applicant must show expertise significantly above that normally found in their field, which can include academic records, professional experience, recognized accomplishments, high salary, or professional memberships.

Most EB-2 petitions require a job offer and an approved labor certification (PERM) from the U.S. Department of Labor, which shows that no qualified U.S. workers are available for the position. However, the National Interest Waiver (NIW) allows qualified applicants to self-petition without a job offer or labor certification if their work benefits the national interest. Applicants must show that their work has merit, national importance and that waiving the job offer requirement benefits the U.S.

After an EB-2 petition (Form I-140) is approved, applicants can proceed with adjustment of status in the U.S. or consular processing abroad. Spouses and unmarried children under 21 can also apply for immigration status and may be eligible for work authorization and travel documents. Because EB-2 can have long wait times for applicants from certain countries, it is important to monitor the Visa Bulletin for priority date updates.

For professionals considering the EB-2 process, working with experienced immigration counsel can help ensure eligibility, identify NIW opportunities, and navigate labor certification and visa requirements. To learn more or schedule a consultation, call us at 703-348-1663.

‍