EB-2 Immigrant Visa (Advanced Degree or Exceptional Ability)

The EB-2 Visa is a U.S. employment-based immigrant visa designed for professionals with advanced degrees or exceptional ability in their respective fields. It provides a pathway to permanent residency (green card) for skilled individuals who can contribute significantly to the U.S. economy, culture, or national interests.

Key Features of the EB-2 Visa:

• Eligibility Criteria: Applicants must meet one of two primary conditions:
  • Hold an advanced degree (master’s degree or higher), or a bachelor’s degree plus at least five years of progressive work experience, or
  • Demonstrate exceptional ability in the sciences, arts, or business through significant professional accomplishments.
• Exceptional Ability: Individuals with exceptional ability must provide evidence of expertise substantially above that ordinarily encountered in their field. Examples of qualifying evidence include:
  • Academic achievements or industry recognition.
  • Published research, awards, or major contributions to their field.
  • Membership in professional associations that require exceptional merit.
• Advanced Degree Requirement: Applicants must hold a master’s or higher degree, or its foreign equivalent, in a field relevant to the offered position. A bachelor’s degree with five years of progressive experience is also acceptable as an equivalent.
• Labor Certification (PERM): In most cases, EB-2 applicants require a PERM Labor Certification from the U.S. Department of Labor (DOL) to prove that no qualified U.S. workers are available for the position.
• National Interest Waiver (NIW): Applicants who can demonstrate that their work benefits the United States substantially may request a National Interest Waiver (NIW), which eliminates the need for both a job offer and labor certification. To qualify, the applicant’s work must:
  • Hold substantial merit and national importance,
  • Benefit the U.S. to a degree warranting waiver of job offer requirements, and
  • Show that the applicant is well-positioned to advance the proposed endeavor.
• Priority Date: EB-2 visas are subject to annual numerical limits. Applicants must wait until their priority date becomes current before filing for adjustment of status or consular processing.
• Green Card Process: Once Form I-140 (Immigrant Petition for Alien Worker) is approved, applicants can either:
  • Apply for Adjustment of Status (Form I-485) if already in the U.S., or
  • Complete Consular Processing if residing abroad.
• Dependents: Spouses and unmarried children under 21 may accompany EB-2 principal applicants under the E-21 (spouse) and E-22 (child) categories, allowing family members to obtain green cards as dependents.
• Employment Flexibility: After obtaining permanent residency, EB-2 holders may change employers freely, provided their new role falls within a similar occupational category.

The EB-2 visa offers skilled professionals and individuals with exceptional talent a direct path to permanent residency in the United States. At Visa2Migrate, we provide structured guidance for applicants seeking to qualify under the advanced degree or national interest waiver categories.