EB-2 Visa Guide: Qualifications, Eligibility, and Application Process
Are you looking to advance your career and establish your future in the United States? The EB-2 visa is one of the most sought-after immigration pathways for highly skilled foreign professionals seeking lawful permanent residency. This category is especially valuable for individuals with advanced degrees or exceptional ability in their field. However, navigating the EB-2 process can be complex without the guidance of experienced immigration attorneys at Green Card Link.
In this comprehensive guide, we’ll cover everything you need to know about EB-2 visa eligibility, qualifications, the PERM labor certification process, National Interest Waiver (NIW) requirements, the application timeline, and more.
EB-2 Visa Qualifications
The EB-2 visa falls under the employment-based second preference category, designed for foreign nationals who either:
- Hold an advanced degree (or its foreign equivalent), or
- Demonstrate exceptional ability in the sciences, arts, or business.
Applicants who qualify under this category can eventually obtain lawful permanent resident status (a green card).
The PERM Labor Certification Process
Before applying for an EB-2 visa, the sponsoring employer is typically required to obtain PERM labor certification from the U.S. Department of Labor (DOL). This certification is filed using Form 9089, Application for Permanent Employment Certification.
The PERM process is designed to ensure that hiring a foreign worker does not negatively impact U.S. workers. The sponsoring employer must conduct a thorough recruitment campaign to demonstrate that no qualified U.S. worker is available for the offered position.
This recruitment effort connects the employer’s workforce needs with the EB-2 applicant’s specialized expertise, validating the necessity of the foreign national’s skills. Once certified, the PERM approval allows the employer to move forward with filing the EB-2 petition.
At Green Card Link, its immigration attorneys provide trusted guidance to simplify the employment immigration process and increase your chances of approval.
EB-2 Visa Eligibility: Advanced Degree vs. Exceptional Ability
EB-2 applicants must qualify under either the advanced degree or the exceptional ability subcategory.
Advanced Degree
For the advanced degree option:
- The offered job must require an advanced degree (Master’s or higher) or its foreign equivalent.
- Alternatively, a U.S. bachelor’s degree (or foreign equivalent) plus five years of progressive post-baccalaureate experience may also qualify.
Acceptable evidence includes:
- Official academic records showing a U.S. advanced degree or its foreign equivalent.
- A bachelor’s degree with employer letters confirming at least five years of progressive work experience in the specialty field.
Exceptional Ability
Applicants who do not hold an advanced degree may instead qualify under the exceptional ability subcategory by showing expertise significantly above that ordinarily encountered in the sciences, arts, or business.
To qualify, petitioners must meet at least three of the USCIS criteria, such as:
- Official academic records relating to their area of expertise.
- Letters documenting ten or more years of full-time experience.
- Licenses or certifications to practice their profession.
- Recognition for achievements or significant contributions in their field.
The immigration attorneys at Green Card Link can evaluate your credentials and help determine which subcategory offers the strongest pathway for your EB-2 petition.
The National Interest Waiver (NIW)
One of the most attractive aspects of the EB-2 category is the option to bypass the PERM labor certification requirement through a National Interest Waiver (NIW). With an NIW, qualified foreign nationals can self-petition without the need for an employer sponsor.
To qualify, applicants must meet the three-prong test established by the Administrative Appeals Office (AAO):
- Substantial Merit and National Importance
The proposed work must have substantial merit and national importance in fields such as business, science, technology, healthcare, culture, or education. Economic impact is not mandatory but can strengthen the case. - Ability to Advance the Proposed Endeavor
Applicants must show they have the education, experience, skills, achievements, and a well-defined plan to advance their proposed endeavor. Proof of guaranteed success is not required—only evidence of preparedness and capability. - Benefit to the United StatesThe applicant must demonstrate that the U.S. would benefit from waiving the job offer and labor certification requirements. This requires proving that, on balance, the advantages of granting the waiver outweigh the need for traditional hiring safeguards.
With decades of combined experience, the immigration attorneys at Green Card Link are well-positioned to craft compelling NIW petitions that align with USCIS requirements.
EB-2 Visa Application Process
The process for applying for an EB-2 visa generally involves the following steps:
- PERM Labor Certification (if not filing under NIW)
- Employer submits Form 9089 via the Program Electronic Review Management system.
- Employer certifies no qualified U.S. workers are available for the role.
- Current average processing time for PERM Labor Certification is approximately 16 months (as of 2025).
- Employer submits Form 9089 via the Program Electronic Review Management system.
- Form I-140 (Immigrant Petition for Alien Worker)
- Once PERM is approved, the employer files Form I-140 with USCIS to establish EB-2 eligibility.
- NIW applicants may file the I-140 petition independently.
- Once PERM is approved, the employer files Form I-140 with USCIS to establish EB-2 eligibility.
- Priority Date and Visa Bulletin
- Applicants must wait for their priority date to become current according to the U.S. Department of State’s visa bulletin before proceeding.
- Applicants must wait for their priority date to become current according to the U.S. Department of State’s visa bulletin before proceeding.
- Adjustment of Status or Consular Processing
- File Form I-485, Application to Register Permanent Residence or Adjust Status, if applying from within the U.S.
- Alternatively, complete consular processing at a U.S. embassy or consulate abroad.
Ready to Begin Your EB-2 Visa Journey?
Pursuing an EB-2 visa is a major step toward achieving your career and life goals in the United States. Whether through employer sponsorship or the National Interest Waiver, success requires thorough preparation, strong documentation, and a clear legal strategy.
At Green Card Link, its immigration attorneys are committed to making employment-based immigration to the U.S. straightforward and accessible. Contact us today to schedule a consultation and explore how we can help you secure your EB-2 visa approval.
How Much Does an EB-2 Visa Cost?
The cost of applying for an EB-2 visa depends on whether you are filing from inside the United States or going through consular processing abroad. Below is a breakdown of the most common government filing fees:
Filing From Inside the U.S.
- Form I-140, Immigrant Petition for Alien Worker: $715
- Form I-485, Adjustment of Status: $1,440
Filing From Outside the U.S.
- Form I-140, Immigrant Petition for Alien Worker: $715
- Form DS-260, Immigrant Visa Application: $325
- Affidavit of Support (Form I-864) Fee: $120
These government fees do not include optional premium processing, biometrics, or professional assistance from an immigration attorney at Green Card Link.
Frequently Asked Questions About the EB-2 Visa
What are the EB-2 visa education requirements?
The EB-2 visa is available to foreign nationals who either hold an advanced degree (or the equivalent) or who can demonstrate exceptional ability in the sciences, arts, or business. This category is designed for professionals whose expertise goes beyond what is normally encountered in their field.
Is it difficult to obtain an EB-2 visa?
The EB-2 process can be complex, involving multiple stages and strict eligibility requirements. However, working with experienced immigration attorneys at Green Card Link can make the process smoother, more efficient, and less stressful.
Once my priority date becomes current, how long until I receive my green card?
After your priority date becomes current, the green card timeline varies depending on your filing method:
- Adjustment of Status (Form I-485) within the U.S.: Processing can take several months.
- Consular Processing abroad: Processing times depend on the specific U.S. consulate handling your case.
Factors such as USCIS backlogs, requests for additional evidence, or consular delays can extend the timeline.
How long does the I-140 process take?
The Form I-140 typically takes about six to eight months to process, depending on the service center and your country of origin.
If your case requires a PERM Labor Certification, expect the process to take significantly longer—often an additional 16 months or more, especially if your employer faces an audit after the recruitment phase. Partnering with an immigration attorney at Green Card Link can help reduce risks of audit and delays.
Premium Processing Option: For an extra fee of $2,850, USCIS offers premium processing, reducing I-140 adjudication from several months to just 15 business days.
How many years does it take to get a green card under EB-2?
The timeline for obtaining a green card through EB-2 depends on several factors, including:
- Whether a PERM Labor Certification is required
- Processing times at the USCIS service center handling your petition
- Your priority date and visa bulletin movement
- Any requests for evidence or case-specific complications
Can I apply for EB-2 on my own?
In most cases, EB-2 applicants must have a job offer from a U.S. employer requiring an advanced degree (or equivalent) or exceptional ability. However, some individuals may qualify for a National Interest Waiver (NIW), which allows them to self-petition without a job offer. Immigration attorneys at Green Card Link can assess whether you qualify for the NIW route.
What are the key differences between EB-2 and EB-3?
The EB-2 visa is generally reserved for applicants with advanced degrees or exceptional ability, while the EB-3 visa is available for professionals, skilled workers, and certain other workers. The EB-2 often has faster processing times due to higher preference priority, but eligibility requirements are stricter. Green Card Link’s immigration attorneys can help you evaluate which option best fits your background and goals.
Can my spouse and children qualify under my EB-2 petition?
Yes. If USCIS approves your Form I-140, your spouse and unmarried children under the age of 21 may be eligible to immigrate with you. They typically qualify under the E-21 (spouse) and E-22 (children) immigrant categories, giving your family the ability to live, work, and study in the United States.