Understanding the EB-2 Visa Application Process and Requirements

The EB-2 visa allows certain skilled workers to apply for permanent residency in the United States. This includes professionals with a master’s or higher degree, or a bachelor’s degree followed by at least five years of progressive experience in their field. It also covers individuals with exceptional ability in sciences, arts, or business.

However, securing an EB-2 visa is not an easy process. It involves several essential steps, including labor certification, filing forms, and gathering supporting documents.

Understanding these requirements helps applicants and their employers build strong cases and avoid common pitfalls that lead to delays or denials.

Key Takeaways:

• Overview of the different EB-2 visa categories and the qualifications for each.
• Key eligibility requirements for advanced degree professionals and individuals with exceptional ability.
• Step-by-step breakdown of the EB-2 application process, including required forms and documentation.
• Timelines, fees, and how to avoid delays during the EB-2 visa process.

What is an EB-2 Visa?

The EB-2 visa is an employment-based, second-preference immigration category for permanent residency in the United States. It's designed for jobs that require advanced degrees or exceptional ability in the sciences, arts, or business.

The EB-2 visa category is divided into three main subcategories, depending on the applicant’s qualifications and situation:

1. EB-2A: Advanced Degree Professionals

• For individuals with an advanced degree (master's or higher) or a bachelor’s degree plus at least five years of progressive, post-degree experience in the field.
• Typically used by professionals in engineering, IT, healthcare, education, etc.
• Requires employer sponsorship and an approved PERM labor certification.

2. EB-2B: Exceptional Ability

• For individuals with exceptional ability in the sciences, arts, or business.
• “Exceptional ability” means significantly above what is normally encountered in the field.
• Requires employer sponsorship and PERM labor certification, unless applying with a National Interest Waiver.

3. EB-2C: National Interest Waiver (NIW)

• For individuals who can demonstrate that their work is of national importance and will benefit the U.S.
• Does not require employer sponsorship or PERM.
• Common among researchers, entrepreneurs, healthcare workers, and others whose work impacts the U.S. at a broader level.

Also Read: Understanding Differences Between EB-1 and EB-2 NIW Visas

EB-2 Visa Eligibility Requirements

Each EB-2 subcategory has particular eligibility criteria that must be thoroughly documented for a successful application:

Advanced Degree Professional Requirements

This category recognizes professionals whose positions require advanced education beyond a bachelor's degree. To qualify in this category:

1. The applicant’s job must require an advanced degree (master’s or higher) or a foreign equivalent, or a U.S. Bachelor’s Degree (or foreign equivalent degree) plus five years of progressive, post-degree work experience as a minimum qualification.
2. The applicant must meet all educational and experience requirements listed on the Labor Certification.

Understanding how these criteria apply in practice can help clarify what a strong EB-2 petition might look like.

For example: A candidate applies for a data scientist role at a U.S. tech firm. The job requires a master’s in Data Science or a bachelor’s with five years of progressive experience, along with expertise in machine learning and big data tools. The candidate meets all educational and experience criteria listed on the certified labor application, making them eligible under the EB-2 category.

Exceptional Ability Requirements

This category creates a path for professionals whose expertise significantly exceeds normal standards in their field, even without advanced formal education. To qualify in this category, applicants must show expertise significantly above the ordinary in sciences, arts, or business by meeting at least three of the following criteria:

1. Academic record showing a degree, diploma, or certificate related to the area of ability.
2. Letters from employers proving at least 10 years of full-time experience.
3. Professional license or certification.
4. Evidence of commanding a salary or remuneration that demonstrates exceptional ability.
5. Membership in professional associations requires outstanding achievements.
6. Recognition for achievements and significant contributions in the field by Peers, Government Entities, or Professional Organizations.

Because applicants must meet at least three of the listed criteria, a strong case often combines multiple forms of evidence that demonstrate exceptional ability in a cohesive way.

Example 1: An experienced biomedical engineer applies under the EB-2 exceptional ability category. With over a decade of full-time work in AI-powered diagnostics, a U.S. master’s degree in bioinformatics, and membership in the American Society for Bioengineering (ASBE), the applicant also provides employer letters detailing progressive responsibilities and salary records showing compensation well above industry norms. Together, this documentation supports their claim of expertise well beyond the ordinary in their field.

Example 2: A professional musician applies for the EB-2 exceptional ability category. With a degree in Music Performance from Juilliard and over 10 years of performing with prestigious orchestras, the applicant is a member of the American Federation of Musicians (AFM). They submit letters from employers, show a salary well above the industry average, and provide recognition from the National Endowment for the Arts (NEA) for their contributions to cultural projects, proving their exceptional ability.

National Interest Waiver Requirements

The National Interest Waiver (NIW) offers a self-petition route for qualified professionals who want to skip both employer sponsorship and the labor certification process. To qualify for an NIW, here are the requirements:

1. Substantial merit and national importance of the proposed endeavor.
2. Well-positioned to advance the proposed endeavor.
3. It would benefit the U.S. to waive the job offer and Labor Certification Requirement.

To better understand how these requirements come together, consider the following example:

For example: A public health researcher applies for a National Interest Waiver based on their work in AI-based epidemic prediction tools. The researcher has published in top journals, collaborated with the CDC, and received grant funding from the NIH, demonstrating their work's national importance. With a proven track record and the ability to advance the project, waiting for labor certification would delay critical advancements, making self-sponsorship the logical choice.

Documents Required for the EB-2 Visa Application

The foundation of a successful EB-2 visa application consists of several important forms:

Forms Required for EB-2 Visa Application

• Form ETA-9089 (Labor Certification aka PERM): Required for standard EB-2 (NIW applicants need only Appendix A and Final Determination).
• Form I-140 (Immigrant Petition for Alien Worker): Filed by your employer or by you if applying with an NIW.
• Form I-485 (Application to Register Permanent Residence): For adjustment of status if you're in the U.S.
• Form DS-260 (Immigrant Visa Application): If applying from outside the U.S.

Supporting Documentation

For Advanced Degree Professionals:

• Degree certificates and transcripts.
• Credential evaluations for foreign degrees (if applicable).
• Letters verifying at least five years of progressive post-bachelor's experience (only required when the job requires a master’s or higher degree).
• Detailed job offer letter specifying duties and educational requirements.
• Evidence that the job requires an advanced degree.

For Exceptional Ability Applicants:

• Proof meeting at least three of the required criteria:
  
  • Academic credentials in the field.
  • Letters verifying 10+ years of full-time experience.
  • Professional licenses or certifications.
  • Evidence of high compensation.
  • Memberships in relevant professional associations.
  • Awards or recognition from peers or authorities.

For National Interest Waiver (NIW) Applicants:

• Statement of substantial merit and national importance.
• Documentation demonstrating qualifications to advance the proposed endeavor such as:.
  
  • Evidence of public or governmental interest in the work.
  • Reference letters from experts or government agencies.
  • Published work, citations, patents, or media coverage.

For All Applicants:

• Valid passport (must be valid for at least six months).
• Birth certificate and certified translation (if applicable).
• Marriage certificate (for dependent spouses).
• Passport-style photos.
• Proof of lawful U.S. status (if adjusting status).
• Filing fee receipts.

EB-2 Visa Application Process

The EB-2 visa is commonly sponsored by a U.S. employer. Employer sponsorship plays a key role because it proves that no qualified U.S. workers are available for the job through labor certification.

However, applicants filing under the National Interest Waiver (NIW) can self-petition without needing an employer sponsorship.

Here’s a step-by-step breakdown of the entire EB-2 visa application process:

1. Labor Certification (PERM) – Required for Standard EB-2 application
   
   • The employer must obtain a Prevailing Wage Determination (PWD) from the U.S. Department of Labor (DOL).
   • A mandatory recruitment process must be conducted to test the U.S. labor market, including job postings and advertisements in approved outlets.
   • If no qualified U.S. workers are found, Form ETA-9089 is filed with the DOL to request labor certification.
   • Upon approval, the employer receives a certified PERM, valid for 180 days.
2. Filing Form I-140 (Immigrant Petition for Alien Worker)
   
   • Filed with USCIS by the employer (or by the applicant in NIW cases).
   • Must include:
     
     • Labor Certification approval (Note: Labor certification is not required under the EB-2 NIW category).
     • Proof of the beneficiary’s qualifications (degrees, work experience).
     • Evidence of the company’s ability to pay the offered salary.
     • Evidence supporting exceptional ability or national interest (for NIW), depending on the type of EB-2 petition. These are separate paths with different criteria and documentation.
   • Premium processing is available for faster adjudication within 15 business days.
3. Priority Date Establishment
   
   • The priority date is established on the date the PERM or I-140 is filed.
   • Applicants monitor the Visa Bulletin monthly to determine when their priority date becomes current.
4. Adjustment of Status (Form I-485) or Consular Processing (Form DS-260)
   
   • If residing in the U.S., file Form I-485 with USCIS.
   • If outside the U.S., you will receive instructions from the National Visa Center (NVC) to pay the required fee, file DS-260 and schedule a consular interview.
   • Include medical exam, financial support documents, and all supporting materials.
5. Biometrics Appointment
   
   • Scheduled at a USCIS Application Support Center (ASC).
   • Includes fingerprinting, photo, and identity verification.
6. USCIS Interview (if required)
   
   • USCIS may schedule an interview to assess the petition and verify documentation.
   • Interview waivers are occasionally granted for well-documented cases.
7. Final Decision
   
   • If approved, USCIS issues a green card (or an immigrant visa through the consulate).
   • Prior to a denial, a Notice of Intent to Deny (NOID) or Request for Evidence (RFE) may be issued.
   • In case of a denial, there may be an opportunity to submit a request for reconsideration, a motion to reopen, or an appeal. Alternatively, applicants may refile once eligibility issues are addressed.

For National Interest Waiver applicants, the process is similar but skips the labor certification step and allows self-petition. Here’s a comparison between the standard EB-2 and NIW applications:

‍

Application Fees and Timeline for EB-2 Visa

Planning your EB-2 application requires budgeting for various fees and understanding the expected processing timeline. These factors vary depending on your specific circumstances, country of origin, and whether you're pursuing a standard or NIW path.

EB-2 Visa Application Fees

These are the latest EB-2 Visa filing fees:

• Form I-140 filing fee: $715.
• Asylum Program Fee: $0, $300, or $600, depending on the petitioner.
• Form I-485 filing fee: $1,440.
• Optional premium processing fee: $2,805 for expedited I-140 processing.
• Medical examination (paid to surgeon): $200-$500 (varies by provider).
• Each dependent family member requires separate I-485 fees.
• For applicants using consular processing:
  
  • Form DS-260 (Immigrant Visa Electronic Application) fee: $325.
  • Affidavit of Support processing fee: $120.
  • USCIS immigrant fee (to receive green card after visa approval): $235.

Disclaimer: These fees are subject to change. Before submitting your application, check the USCIS website for the most current fee information.

Expected Timeline

The EB-2 visa process involves multiple stages, and the total time to receive a green card can range from 12 months to several years. The timeline depends on whether labor certification is required, the applicant’s country of birth, and how quickly government organizations process each stage.

Applicants from countries with high demand often face longer waiting periods due to visa backlogs. Filing under the National Interest Waiver (NIW) category can reduce the processing time because it does not require labor certification. Additionally, using premium processing for Form I-140 also speeds up the process.

Standard EB-2 Processing:

• Labor Certification: 18-24 months.
• Form I-140 processing: 7-10 months (15 business days with premium processing).
• Priority date waiting: Varies by country (immediate to several years).
• Adjustment of Status: 8-14 months after the priority date becomes current.
• Total timeline: 33-48 months (2.5 to 4 years), not including the additional time if there is a visa backlog.

NIW Processing:

• Form I-140 processing: 12-16 months (45 business days with premium processing).
• Priority date waiting: Varies by country.
• Adjustment of Status: 8-14 months after the priority date becomes current.
• Total timeline: 38-54 months, which is around 3 to 4.5 years (longer for backlogged countries).

Note: The processing times are subject to change. Please see the USCIS processing times for the latest processing timelines.

How Alma can Help in Your EB-2 Visa Application Process

The EB-2 visa process requires careful planning and expert guidance. Professional assistance can significantly improve your chances of success.

Alma specializes in helping professionals navigate complex immigration pathways with confidence. Our approach includes:

• Expert preparation of forms and supporting materials for your EB-2 visa application with personalized support.

• We offer a fast two-week turnaround time whenever action is needed in your immigration journey, ensuring your documents move forward quickly.

We handle the entire EB-2 application process, simplifying complex procedures while maximizing your approval chances. Ready to get started? Book a free consultation with Alma today!

Final Thoughts

The EB-2 visa provides valuable opportunities for advanced degree professionals and individuals with exceptional ability to gain permanent U.S. residency. While the process involves multiple steps and specific requirements, a well-prepared application significantly increases your chances of success.

Understanding the eligibility criteria and required documentation allows you to approach your EB-2 application strategically. Thorough preparation is essential, whether you qualify through an advanced degree, exceptional ability, or the National Interest Waiver pathway.

Alma simplifies the EB-2 visa journey by providing expert guidance at every step—from assessing your eligibility to preparing a strong petition. With our specialized knowledge and proven track record, we help professionals achieve their immigration goals.

Ready to take the next step toward your EB-2 visa? Schedule a free consultation today!

FAQs

Can I apply for an EB-2 visa without a job offer?

Yes, you can apply without a job offer if you qualify for the National Interest Waiver (NIW) pathway. This option requires proving your work benefits the United States and meets specific criteria for national importance.

What happens if my priority date is not current?

You must wait until your priority date becomes current according to the monthly Visa Bulletin before proceeding to the final stage. During this waiting period, you can remain in the US on valid nonimmigrant status or wait abroad.

Should I choose an EB-1 or EB-2 visa if I qualify for both?

The EB-1 category generally has faster processing times and shorter backlogs than EB-2 for most countries. If you genuinely qualify for EB-1, it's usually advantageous to pursue that category first, as it's considered a higher preference level with potentially quicker results.

‍