EB-2 Visa 

The EB-2 visa is an employment-based pathway to U.S. permanent residence (Green Card) for highly qualified professionals. It is designed for individuals who hold advanced academic credentials or who can demonstrate exceptional ability in fields such as science, business, or the arts.

This category is commonly used by professionals seeking long-term residence in the United States while contributing specialized knowledge, leadership, or expertise to the U.S. workforce and economy.

What Is the EB-2 Visa?

The EB-2 visa allows eligible foreign nationals to apply for permanent residence based on education, experience, or exceptional professional ability. U.S. immigration law allocates a limited number of EB-2 visas each year, making eligibility and case preparation especially important.

The EB-2 category is often used by engineers, healthcare professionals, researchers, executives, academics, and other skilled specialists whose qualifications exceed standard employment requirements.

Who May Qualify for the EB-2 Visa?

An individual may qualify for the EB-2 category under one of the following paths:

Advanced Degree Professionals

Applicants who hold a master’s degree or higher (or a foreign equivalent) may qualify if the offered U.S. position requires that level of education. Certain professional degrees, such as an M.D. or J.D., may also satisfy this requirement.

Bachelor’s Degree Plus Experience

Applicants with a bachelor’s degree or foreign equivalent may still qualify if they can demonstrate at least five years of progressive professional experience in their field following completion of the degree.

Individuals of Exceptional Ability

Applicants may qualify without an advanced degree if they can show exceptional ability in the sciences, arts, or business. This requires evidence of a level of expertise significantly above that ordinarily encountered in the field.

General EB-2 Visa Requirements

While each case is unique, most EB-2 applications must establish that:

• The applicant meets the education or exceptional ability standard

• A qualifying U.S. employer has offered a permanent, full-time position

• The role aligns with the applicant’s background and qualifications

• The employer is willing to sponsor the applicant through the required process

Because EB-2 filings involve multiple government agencies and strict evidentiary standards, professional guidance is strongly recommended.

EB-2 Application Process (Overview)

The standard EB-2 process typically involves several stages:

1. Job Offer and Employer Sponsorship

A U.S. employer must offer a permanent position and agree to sponsor the applicant.

2. PERM Labor Certification

Before filing an immigrant petition, the employer must complete the PERM labor certification process with the U.S. Department of Labor. This step confirms that no qualified U.S. workers are available for the role and that the offered wage meets prevailing standards.

3. Immigrant Petition (Form I-140)

Once PERM is approved, the employer files Form I-140 with U.S. Citizenship and Immigration Services (USCIS) to establish the applicant’s eligibility under the EB-2 category.

4. Green Card Application

Depending on the applicant’s location and immigration status, permanent residence may be pursued through consular processing abroad or adjustment of status within the United States.

EB-2 Processing Times

Processing timelines can vary based on:

• Government workload

• Visa availability

• Country of chargeability

USCIS offers premium processing for EB-2 I-140 petitions, which provides a response within 15 business days. This option can be requested at the time of filing or later through an upgrade.

Important Considerations

• EB-2 applications generally require employer sponsorship

• The sponsoring employer must meet strict recruitment and wage requirements

• PERM labor certification must be approved before an immigrant petition can be filed

• Proper documentation is critical at every stage

Alternative Option: EB-2 National Interest Waiver (NIW)

In some cases, individuals may qualify for an EB-2 National Interest Waiver (NIW). This option allows eligible applicants to self-petition without employer sponsorship or PERM labor certification if their work is deemed to be in the national interest of the United States.

NIW cases are often pursued by:

• Researchers and academics

• Entrepreneurs and innovators

• Investors and business owners

• Professionals whose work provides broad public or economic benefit

This pathway offers greater flexibility and independence for qualified applicants.

How Crightney Immigration Can Assist

The EB-2 process involves complex legal standards, strategic planning, and detailed documentation. We assist clients by:

• Assessing EB-2 and EB-2 NIW eligibility

• Advising on employer sponsorship requirements

• Preparing PERM-related strategy and documentation

• Structuring strong I-140 petitions

• Coordinating long-term immigration planning

Our goal is to guide professionals through the EB-2 process with clarity, precision, and confidence.

Considering the EB-2 Visa?

If you hold advanced qualifications or possess exceptional professional ability, the EB-2 category may be a strong pathway to U.S. permanent residence.

Speak With an Immigration Professional 

Speak with an immigration professional to explore your eligibility and identify the most effective strategy for your situation.

U.S. Immigration Disclaimer
Crightney Immigration provides immigration consulting and administrative support services. U.S. immigration matters may involve collaboration with U.S. licensed attorneys where required by law. This website provides general information only and does not constitute legal advice or create an attorney-client relationship.