USA EB-2 (Advanced Degree/Exceptional Ability)

What is the EB-2 (Advanced Degree/Exceptional Ability) Visa?

The EB-2 visa is a second-preference employment-based immigrant visa that leads to U.S. permanent residency (Green Card). It is specifically tailored for individuals who meet one of the following criteria:

• Advanced Degree Professionals: Those who hold an advanced degree (Master’s degree or higher, or its foreign equivalent) or a baccalaureate degree plus five years of progressive post-baccalaureate experience in their field.
• Exceptional Ability: Individuals who can demonstrate a level of expertise significantly above that ordinarily encountered in the sciences, arts, or business.

Unlike some other employment-based visas, the EB-2 category, particularly through the National Interest Waiver (NIW), offers a unique advantage by potentially waiving the requirement for a job offer and labor certification.

Purpose of the EB-2 Visa

The primary purpose of the EB-2 visa is to enable U.S. employers to hire highly skilled foreign workers for positions that require advanced degrees or exceptional abilities, especially when qualified U.S. workers are not available. For individuals who qualify for a National Interest Waiver, the visa serves to attract talent whose work directly benefits the national interest of the United States, thereby bypassing the traditional labor market test.

USA EB-2 Visa Quick Facts

Eligibility Criteria for the EB-2 Visa

To qualify for an EB-2 visa, applicants must meet specific criteria under one of its subcategories:

A. Advanced Degree

• Advanced Degree Requirement: The applicant must possess a U.S. Master’s degree or higher, or a foreign equivalent degree.
• Bachelor’s Degree + Experience: Alternatively, a U.S. baccalaureate degree or a foreign equivalent degree, plus at least five years of progressive post-baccalaureate experience in the specialty. “Progressive experience” means increasing levels of responsibility and knowledge.
• Job Offer Requirement: The job position must require, at a minimum, a professional holding an advanced degree or its equivalent.

B. Exceptional Ability

Applicants must demonstrate “exceptional ability” in the sciences, arts, or business, meaning a degree of expertise significantly above that ordinarily encountered. This is typically proven by meeting at least three of the following six criteria:

• Academic Record: An official academic record showing a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability.
• Experience Letters: Letters from current or former employers documenting at least ten years of full-time experience in the occupation.
• Licenses/Certifications: A license to practice the profession or a certification for the profession or occupation.
• High Salary/Remuneration: Evidence that the applicant has commanded a salary or other remuneration for services that demonstrates exceptional ability.
• Professional Memberships: Membership in professional associations.
• Recognition of Achievements: Recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.

C. National Interest Waiver (NIW)

A significant advantage of the EB-2 visa is the possibility of obtaining a National Interest Waiver (NIW). This waives the requirement of a job offer and a PERM labor certification, allowing individuals to self-petition. To qualify for an NIW, applicants must satisfy a “three-prong test” (Matter of Dhanasar precedent):

1. Substantial Merit and National Importance: The proposed endeavor must have both substantial merit and national importance (e.g., in fields like science, technology, engineering, mathematics (STEM), healthcare, education, or business).
2. Well-Positioned to Advance the Endeavor: The applicant must be well-positioned to advance the proposed endeavor (e.g., based on their education, skills, knowledge, and track record).
3. Benefits to the U.S. without Labor Certification: On balance, it must be beneficial to the United States to waive the job offer and labor certification requirements.

Application Process for the EB-2 Visa

The EB-2 visa application process typically involves several steps, though it can vary based on whether a labor certification is required or if an NIW is pursued.

For Employer-Sponsored EB-2 (Requiring Labor Certification):

1. Step 1. PERM Labor Certification (ETA Form 9089): The U.S. employer must first obtain a certified PERM Labor Certification from the Department of Labor (DOL). This involves proving that there are no qualified U.S. workers available for the position and that hiring a foreign worker will not adversely affect the wages and working conditions of U.S. workers. This step includes prevailing wage determination and recruitment efforts.
2. Step 2. File Form I-140, Immigrant Petition for Alien Worker: Once the PERM Labor Certification is approved, the U.S. employer files Form I-140 with U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker, providing evidence of the beneficiary’s qualifications and the employer’s ability to pay the offered wage.

For National Interest Waiver (NIW) (Self-Petition):

1. Step 1. File Form I-140, Immigrant Petition for Alien Worker: Applicants self-petition by filing Form I-140 directly with USCIS. They must submit comprehensive evidence to demonstrate how their work meets the three criteria for the National Interest Waiver.

After I-140 Approval (for all EB-2 cases):

3. Step 3. Await Visa Availability (Visa Bulletin): After I-140 approval, the applicant must wait for their priority date to become current, as indicated in the U.S. Department of State’s monthly Visa Bulletin. Priority dates can vary significantly by country of birth, particularly for India and China, where there are often backlogs.
4. Step 4. Apply for Green Card (Adjustment of Status or Consular Processing):
   • Adjustment of Status (Form I-485): If the applicant is already in the U.S. and an immigrant visa is immediately available, they can apply to adjust their status to a lawful permanent resident without leaving the country. This involves filing Form I-485 with USCIS.
   • Consular Processing (DS-260): If the applicant is outside the U.S. or chooses to apply from abroad, they will undergo consular processing at a U.S. embassy or consulate in their home country. This involves submitting Form DS-260, Immigrant Visa and Alien Registration Application, and attending an interview.
5. Step 5. Medical Examination and Interview: All applicants must undergo a medical examination by a USCIS-approved civil surgeon (for Adjustment of Status) or a panel physician (for Consular Processing). An interview at USCIS or the U.S. consulate may also be required.
6. Step 6. Receive Visa Decision: Upon approval, the applicant receives their Green Card (for Adjustment of Status) or an immigrant visa to enter the U.S. as a permanent resident (for Consular Processing).

Benefits of the EB-2 Visa

The EB-2 visa offers numerous advantages for qualified professionals:

• Permanent Residency: Grants the right to live and work permanently in the United States.
• Flexibility (with NIW): The National Interest Waiver allows self-petitioning, eliminating the need for an employer sponsor and labor certification, providing greater control and career flexibility.
• Family Inclusion: Spouses and unmarried children under 21 years of age can also apply for Green Cards as derivative beneficiaries. Spouses are eligible for work authorization.
• Pathway to Citizenship: After a certain period (typically five years) as a permanent resident, EB-2 visa holders may be eligible to apply for U.S. citizenship.
• Career Advancement: Permanent residency offers stability and opens doors to a wider range of career opportunities without the constraints of temporary work visas.

Updates and Considerations for 2025

Recent guidance from USCIS, particularly for the National Interest Waiver, emphasizes attracting highly educated, innovative, and mission-driven individuals who can contribute to U.S. economic competitiveness and societal well-being. Key updates include:

• Increased Emphasis on National Interests: USCIS is prioritizing applicants whose work aligns with national policy goals, especially in critical and emerging technologies.
• Support for Entrepreneurs: Clearer guidelines support founders of startups who can demonstrate U.S.-based funding, commercial traction, and a scalable business model with potential national impact.
• Preferential Treatment for STEM Graduates: Foreign nationals with advanced degrees in STEM fields, particularly those engaged in cutting-edge research or applied science, receive “strong favorable consideration” for NIW if other criteria are met.
• Broader “Well-Positioned” Criteria: USCIS now offers more flexibility in assessing whether an applicant is “well-positioned” to advance their proposed work, focusing on a track record of success and necessary skills.

While these updates clarify standards, the bar for evidence and documentation remains high, especially for NIW cases.

Tips for a Successful Application

• Thorough Documentation: Compile all required documents meticulously. For Advanced Degree cases, ensure your educational and progressive experience documentation is clear. For Exceptional Ability, provide robust evidence across multiple criteria. For NIW, clearly articulate the substantial merit and national importance of your endeavor, and provide strong letters of recommendation.
• Professional Assistance: Given the complexity of U.S. immigration law, consider consulting an experienced immigration attorney. They can help assess eligibility, navigate the process, prepare strong petitions, and address any challenges.
• Meet Deadlines: Be mindful of all deadlines, especially those related to priority dates and visa bulletin updates.
• Prepare for Interviews: If an interview is required, be prepared to discuss your qualifications, proposed work, and intentions in the U.S.