EB2 Visa: Requirements, NIW, and Green Card Path

The EB-2 visa is an employment-based green card category (Second Preference) for foreign nationals with advanced degrees or exceptional ability in the sciences, arts, or business​. It is commonly used by professionals such as engineers, doctors, academics, and researchers. To qualify, you generally need at least a U.S. master’s degree (or foreign equivalent), or a U.S. bachelor’s plus 5 years of progressive experience​. An EB-2 petition usually requires a permanent, full-time job offer from a U.S. employer and a Department of Labor (PERM) labor certification proving no qualified U.S. worker is available​. In this post, we cover EB-2 eligibility, the PERM process, the EB-2 National Interest Waiver (NIW), priority dates, and how the application proceeds (including how Gale’s guides on related visas may help).

EB-2 Eligibility & Requirements (What is EB2 visa? EB2 requirements)

To be eligible for an EB-2 visa, you must meet one of these categories​:

• Advanced Degree: You have a U.S. professional or master’s degree, or a foreign equivalent above the bachelor’s level​. (A U.S. bachelor’s plus 5 years of progressive experience counts as a master’s.) The job offered must require this advanced degree​.
• Exceptional Ability: You have exceptional ability in sciences, arts, or business. This means “a degree of expertise significantly above that ordinarily encountered”​. If claiming exceptional ability, you must meet at least three of six regulatory criteria (e.g. letters from employers, high salary, professional memberships, recognized awards).

Additionally:

• Job Offer & Labor Certification: In most cases, a U.S. employer must offer you a permanent, full-time position. The employer files PERM labor certification with the U.S. Department of Labor, proving there are no qualified U.S. workers for that position​. (Certain Schedule A occupations, like U.S. nurses or aliens of exceptional ability, can bypass PERM.)
• Form I-140 Petition: After PERM approval, the employer (or you, for NIW) files USCIS Form I-140 (Immigrant Petition) to classify you as EB-2. The petition includes evidence of your degree/experience (transcripts, letters)​.
• Foreign Worker Status: You must be admissible and maintain valid status. Unlike H-1B, EB-2 is for permanent immigration.

If you meet these criteria, you “may be eligible” for EB-2 status​. For example, an applicant with a Ph.D. or U.S. master’s degree in engineering, with a job offer in the U.S. engineering field, qualifies as EB-2 Advanced Degree. A professional with extraordinary research contributions could qualify under Exceptional Ability. Gale’s H-1B Visa Guide discusses specialty occupations, which often feed into EB-2 cases. Many H-1B workers use EB-2 later, and companies planning long-term retention of global talent (like in tech or academia) consider EB-2 for green cards.

Labor Certification (PERM) and Petition Process (EB2 PERM)

The typical EB-2 process involves several steps:

PERM Labor Certification (DOL): The employer advertises the position (online, newspaper, etc.) and files Form ETA-9089 with the U.S. Department of Labor. The DOL reviews recruitment and wage data. If approved (often 6-8 months), this certifies the employer can hire you. This step is required unless using a National Interest Waiver​.

I-140 Immigrant Petition (USCIS): After PERM approval, the employer files Form I-140. This petition proves you meet EB-2 criteria (degree, exceptional ability, job requirements). USCIS reviews your credentials and the approved PERM. If an NIW is requested, your petition may waive the job offer requirement​.

Priority Date: Upon I-140 approval, you receive a priority date (usually the PERM application date). You must wait for this date to become “current” on the State Department Visa Bulletin before applying for the green card.

• For example: The April 2025 Visa Bulletin indicates which EB-2 categories are current. USCIS advises using the Final Action Dates chart in the monthly Visa Bulletin to determine wait times​. Many countries (e.g. India, China) face multi-year backlogs in EB-2; others (like Canada, Europe) may be current now.

Adjustment of Status or Consular Processing: Once your priority date is current, you file Form I-485 (if in the U.S.) to adjust status, or a consular application abroad. After USCIS/consulate approval, you receive a U.S. green card.

Gale’s L-1 Visa to Green Card guide (covering EB-1C)​ explains intracompany routes, but the EB-2 process is similar for multinational employees not in EB-1C. Even if you’re not on an L-1, the EB-2 steps (PERM → I-140 → I-485) are standard. Keep in mind: your U.S. employer sponsors you every step (except NIW).

EB-2 National Interest Waiver (NIW) (EB2 NIW)

The EB-2 NIW lets you bypass the PERM/job offer requirement if your work is in the national interest​. To qualify, you must show that your employment has substantial merit and national importance, you are well-positioned to advance it, and it benefits the U.S. (based on Matter of Dhanasar criteria). Common NIW applicants include researchers, professors, or entrepreneurs whose projects benefit the economy or society.

• With an NIW, you still file an I-140 and meet the EB-2 degree/ability standards, but you self-petition (no employer sponsor needed)​.
• Approval of an NIW requires strong evidence (publications, patents, letters of recommendation, etc.).

If successful, NIW accelerates green card pursuit. Gale’s NIW specialists can advise on whether your credentials merit an NIW or if standard PERM is preferable.

Priority Dates and Waiting (EB2 priority date)

Even after a successful I-140, you may face a waiting period. The priority date is your “place in line” for an immigrant visa. If the Visa Bulletin’s Final Action Date for your category and country is after your priority date, you can proceed. Otherwise you must wait.

• Visa Bulletin: The U.S. Dept. of State publishes a monthly visa bulletin with separate charts. USCIS currently uses the Final Action Dates chart for EB categories​. For example, in April 2025 EB-2 for India might be several years behind current.
• Current vs. Backlogged: EB-2 for most countries is current or has a short wait, but India/China have backlogs (often longer than EB-3). When EB-2 dates retrogress (move backward) or EB-3 catches up, applicants may switch between categories if possible.
• Porting: If you filed EB-3 and later your EB-2 petition is approved with an earlier priority date, you might port the date.

Stay updated via the official Visa Bulletin and USCIS charts. Gale’s lawyers monitor these dates to advise timing on filings.

Link to Related Resources

For more on work visas and green card planning, see Gale’s other blog posts: our H-1B Visa Lawyer guide for H-1B nuances, and the L-1 Visa to Green Card guide for intracompany transfer cases. For official rules on EB-2, consult USCIS’s EB-2 page​.

Image placeholders:

• Image: Professional in a laboratory or office (Alt: “A scientist or engineer working in a lab, representing advanced-degree professionals under EB-2”).
• Image: U.S. green card or visa forms (Alt: “Stack of U.S. permanent resident cards symbolizing the EB-2 green card process”).

Ready to pursue an EB-2 green card? Schedule a consultation with Gale’s immigration team for expert guidance.

Frequently Asked Questions

Q: Who is eligible for an EB-2 visa? A: Generally, anyone with a U.S. master’s or higher (or equivalent) degree or exceptional ability can apply​. You also need a U.S. job offer (unless using NIW) and a PERM labor certification proving no qualified U.S. workers are available.

Q: What is the EB-2 NIW? A: The National Interest Waiver (NIW) lets certain applicants skip the PERM/job offer step​. It is for those whose work benefits the U.S. national interest (e.g. impactful research). You still need the EB-2 degree or ability requirements but self-petition under NIW.

Q: What is a priority date in EB-2? A: Your priority date is the date USCIS receives your PERM or I-140. It determines your place in line for a green card. You must wait until your priority date is earlier than the Visa Bulletin’s cut-off for your category/country​. Some applicants (especially from India/China) wait years due to retrogression.

Q: What does “labor certification” (PERM) involve? A: Labor certification is the first step in EB-2 (unless NIW). Your employer must conduct a recruitment process and submit Form ETA-9089 to the DOL. It establishes that hiring you will not adversely affect U.S. workers. Only after DOL certifies this can your employer file Form I-140 with USCIS.