EB2 Visa for Professionals With Advanced Degrees
Introduction
The EB2 visa is a powerful immigration option for people with exceptional ability or advanced degrees. Through the EB2 visa you can obtain a U.S. green card (permanent residence), usually based on having a job offer from a U.S. company, or in certain cases (such as a National Interest Waiver) through a self-petition without a job offer.
In this guide, I will explain the important details of the EB2 visa. If you have any questions, feel free to reach us at contact@ashoorilaw.com. We would be happy to help you.
What is the EB2 visa?
The EB2 visa is a green card option available to those with exceptional ability or advanced degrees who meet the EB2 visa requirements.
Before You Start: Key EB2 Questions
- Do you have an advanced degree or its equivalent?
- Do you have evidence of exceptional ability in your field?
- Do you have a U.S. employer willing to sponsor you?
- Could your work qualify for a National Interest Waiver?
- Is an immigrant visa number available based on your priority date and country of chargeability?
There are generally three paths discussed under EB2:
- Advanced degree professionals
- Individuals with exceptional ability
- EB2 National Interest Waiver cases
| If This Describes You… | The Page Is Likely Discussing… |
|---|---|
| You have an advanced degree or equivalent | EB2 advanced degree professional |
| You have strong evidence of exceptional ability | EB2 exceptional ability |
| You qualify under EB2 and want to request waiver of the job offer and PERM requirements | EB2 National Interest Waiver |
| You have a U.S. employer sponsor | Employer-sponsored EB2 |
| You may qualify without an employer sponsor | EB2 National Interest Waiver |
The National Interest Waiver is for people who qualify under EB2 and can show that waiving the job offer and PERM labor certification requirement is in the national interest of the United States.
| Employer-Sponsored EB2 | EB2 National Interest Waiver |
|---|---|
| Usually requires a U.S. employer | May allow self-petitioning |
| Usually requires PERM labor certification | PERM may be waived |
| Based on a qualifying job offer | Based on a proposed endeavor and national interest factors |
| Employer generally files the Form I-140 | Applicant may file Form I-140 on their own behalf |
The requirements for the EB-2C category are part of the overall EB-2 visa eligibility requirements:
First, you must qualify for EB2 either as an advanced degree professional (EB-2A) or through exceptional ability (EB-2B). If you are qualifying based on exceptional ability, this is generally shown by meeting at least three of the following requirements:
- An academic degree in the field
- 10 years of full-time experience in the field
- License or certificate to practice in the field
- A salary suggestive of exceptional ability
- Membership in a professional association related to the field
- Recognition in the field from experts
- Other comparable evidence of exceptional ability
| Evidence Category | Examples Mentioned in the Page |
|---|---|
| Education | Academic degree, academic records |
| Experience | Documentation of 10 years of full-time experience |
| Professional Authorization | License or certificate to practice in the field |
| Professional Recognition | Membership in a professional association, recognition from experts |
| Compensation | Salary suggestive of exceptional ability |
| Other Evidence | Comparable evidence of exceptional ability |
Second, you must demonstrate that granting you an EB2 visa without a labor certification or specific job offer is in the national interest of the United States. Under current USCIS guidance, this involves showing that (1) your proposed endeavor has substantial merit and national importance, (2) you are well positioned to advance that endeavor, and (3) on balance, it would be beneficial to the United States to waive the normal requirements of a job offer and PERM labor certification.
Unlike the EB-2A and EB-2B categories, you do not need to have a valid job offer for EB-2C. You can file a petition on your own behalf for an EB-2C visa EB-2 NIW, and you do not need to obtain a PERM labor certification.
The EB2 visa is a second preference employment visa with specific EB-2 visa requirements that applicants must carefully review compared to EB-1A. This means that 28.6% of total employment-based (EB) visas will be allocated for EB-2 visas.
You should be aware that even with this, there will be more EB-2 visa applicants than visas available each year. Approximately 40,000 EB-2 visas are generally available each year, although the exact number and wait times can vary based on annual limits, visa demand, derivative family members, and Visa Bulletin movement.
Additionally, under U.S. immigration law, no more than 7% of the total employment-based immigrant visas in a given year can go to applicants from any one country, which means that if you are a national of a country with many applicants, the wait to receive a visa may be longer.
This means that if you are a national of a country with many applicants, the wait to receive a visa will be longer, and in some cases applicants may explore alternatives such as the EB-3 visa to determine which employment-based category offers a more favorable timeline.
There is no advantage to applying for an EB2 visa at a specific time of year. EB2 visas are granted each month. Therefore, unlike other visas such as the H-1B where you must apply on a specific date, you can apply for an EB2 visa at any time.
EB2 Visa Benefits
There are many benefits to the EB2 visa. Here are just a few:
You can have legal permanent residency in the United States.
The EB2 visa allows qualified individuals to gain legal permanent residence in the United States. Having permanent residence in the United States gives you many benefits.
Some of these benefits may include:
- Eligibility for in-state college tuition (depending on state and school rules)
- Easier travel
- More stability in your immigration status
It also puts you on the track for potential U.S. citizenship.
The process is relatively fast.
The EB2 visa can be a relatively fast path to permanent residency for some people, depending on the category, country of chargeability, and visa availability.
The processing times for the EB2 visa will be discussed later in Section 8: “How long does it take to get an EB2 visa?”
Your spouse and dependent children are eligible to come to the United States.
Your spouse and unmarried children under 21 may be classified as E-21 and E-22 derivatives during the immigrant visa or adjustment process, after which they become lawful permanent residents. Your children are eligible to attend school, and your spouse, as a permanent resident, is generally authorized to work in the United States (they may use a Permanent Resident Card and/or an Employment Authorization Document as evidence of this authorization).
EB2 Visa Requirements
This page explains who may qualify for EB2, how advanced degree and exceptional ability cases work, how the National Interest Waiver differs from standard EB-2 cases, what the general filing process looks like, and what factors can affect timing and costs.
There are many requirements for an EB2 visa, and understanding the EB-2 visa requirements in advance is critical before applying. Additionally, depending upon the category, the requirements will vary. My team and I would be happy to help you determine if you satisfy these requirements.
The requirements for the EB-2A category fall under the broader EB-2 visa requirements for advanced degree professionals:
You must have an advanced degree or its equivalent.
This requires that you have a master’s degree or above. If you have only a bachelor’s degree, you must have at least 5 years of work experience in progressively more difficult positions.
You must have a valid job offer.
You must have a valid job offer from a US company willing to sponsor you.
The job offer must be in the field where you have an advanced degree.
The job must be in the same field as your academic/professional experience.
The requirements for the EB-2B category represent the EB-2 visa requirements for individuals with exceptional ability:
You must have exceptional ability. This can be in the sciences, arts, or business. This is shown by meeting at least three of the following requirements:
- An academic degree in the field
- 10 years of full-time experience in the field
- License or certificate to practice in the field
- A salary suggestive of exceptional ability
- Membership in a professional association related to the field
- Recognition in the field from experts
- Other comparable evidence of exceptional ability
You must have a valid job offer.
You must have a valid job offer from a US company willing to sponsor you.
The job offer must be in the field where you have exceptional ability.
The duties of the job must involve the area where you have exceptional ability.
The requirements for the EB-2C (also known as the EB-2 National Interest Waiver) are:
You must first qualify under EB2, either as an advanced degree professional or as a person with exceptional ability.
If you are qualifying based on exceptional ability, this is generally shown by meeting at least three of the following requirements:
- An academic degree in the field
- 10 years of full-time experience in the field
- License or certificate to practice in the field
- A salary suggestive of exceptional ability
- Membership in a professional association related to the field
- Recognition in the field from experts
- Other comparable evidence of exceptional ability
You must demonstrate that granting you an EB2 visa is in the national interest of the United States in order to satisfy EB2 NIW requirements.
This means that you must show that your proposed endeavor has substantial merit and national importance, that you are well positioned to advance that endeavor, and that, on balance, it would benefit the United States to waive the job offer and PERM labor certification requirements.
Unlike the EB-2A and EB-2B visas, you do not need to have a valid job offer, nor do you need a sponsor. You can file a petition on your own behalf for an EB-2C visa. Additionally, this means that you do not need to fill out the PERM labor certification.
| EB2 NIW Question | General Answer |
|---|---|
| Does the applicant still need to qualify under EB2? | Yes |
| Can the job offer requirement be waived? | It may be waived if the NIW standard is met |
| Can PERM be waived? | It may be waived if the NIW standard is met |
| Can the applicant self-petition? | Often, yes |
| Is approval guaranteed? | No |
EB2 Visa process
EB2 Process Milestones
- Determine whether the applicant qualifies under an EB2 path.
- Complete PERM labor certification, if required.
- File Form I-140 with USCIS.
- Receive a priority date.
- Wait for immigrant visa availability, if required.
- Complete adjustment of status or consular processing.
There are several steps involved in the EB2 visa application process, all of which must comply with EB2 visa filing requirements. The following is a general list of the EB2 visa application process. Each step will then be discussed in more detail. My team and I would be happy to answer any questions you have about this process.
These steps include but are not limited to:
- Permanent Labor Certification
- Complete and submit Form I-140
- Final Green Card Interview (either at US Consulate or with USCIS)
PERM Labor Certification
Both the EB-2A and EB-2B visas require an employer-sponsored green card sponsor to submit your application. You can submit your own petition for the EB-2C visa and can skip this step. However, if you are applying for an EB-2A or EB-2B visa, your sponsor must fill out a PERM labor certification.
The purpose of the PERM labor certification is to protect U.S. workers and the U.S. job market through the PERM labor certification process.
What PERM Does — and Does Not Do
PERM labor certification is often required before an employer can file Form I-140 in many employer-sponsored EB2 cases. PERM approval does not by itself grant a green card. It is one step in the employment-based immigrant petition process.
Before you can submit your PERM labor certification, you must do several things. Firstly, there must be a valid job offer from the company to the beneficiary. Secondly, the company must obtain a prevailing wage determination. This states the bare minimum that the company must pay the beneficiary. Thirdly, the company must prove that there are no qualified American workers for the job.
This third step requires the most work. Firstly, you must submit a job order to the State Workforce Agency (SWA). This job order must be available for at least 30 days. You must place an advertisement for the job on 2 consecutive Sundays in a newspaper. This newspaper must be widely circulated in the job area. One of these Sunday advertisements can be replaced if you put an ad in a relevant professional journal.
You must also advertise in at least three of the following:
- At job fairs
- On your website
- On other job search websites
- On school campuses
- Through professional organizations
- Through private firms
- Through referral programs
- In campus career offices
- In other newspapers
- On radio or television
The employer must keep all documents related to the PERM labor certification application for 5 years from the date the Application for Permanent Employment Certification is filed. This is in case the application is selected for an audit or the Department of Labor requests supporting documentation.
Complete and submit Form I-140
After receiving notice that your PERM labor certification is approved, the petitioner needs to submit Form I-140. This should be filed with U.S. Citizenship and Immigration Services (USCIS).
The appropriate filing location will depend on the current USCIS Form I-140 instructions, the type of filing, and USCIS filing procedures in effect at the time of filing.
Along with Form I-140, you should submit all filing fees and other relevant documents.
Filing fees will be discussed in Section 6: “What fees are required for an EB2 visa?”. Relevant documents will be discussed in Section 5: “What documents are required for an EB2 visa?”
Interview with USCIS or a US Consulate
If your Form I-140 is approved by USCIS, you will receive Form I-797. Once an immigrant visa number is available and the required consular processing steps are complete, you may be able to apply for an immigrant visa at a U.S. consulate.
Once Form I-140 is approved, the next step depends on visa availability and where the applicant is located. If an immigrant visa number is available, the applicant may be able to proceed with adjustment of status in the United States or immigrant visa processing through a U.S. consulate.
Additionally, you will receive an EB2 priority date. In PERM-based cases, the priority date is generally the date the labor certification application was accepted for processing by the Department of Labor. In cases where no labor certification is required (such as many EB2 NIW cases) the priority date is generally the date Form I-140 is properly filed with USCIS.
An approved Form I-140 does not always mean an applicant can immediately receive a green card. The applicant must also have an immigrant visa number available based on the applicable category, priority date, and country of chargeability.
Once your date arrives, you will schedule and go to an interview at a US consulate or if you are lawfully present inside the US, you will apply for an adjustment of status.
The US consular officer will interview you. They will ask questions about what you will be doing in the United States to confirm your eligibility. If you are approved, you will be able to go to the United States as a permanent resident under an EB2 visa.
If Your EB2 Priority Date Becomes Current
Do Not Confuse These Terms
- Priority date: The date that helps determine when an immigrant visa may become available.
- Form I-140: The immigrant petition filed with USCIS.
- Form I-485: The adjustment of status application for eligible applicants already in the United States.
- Consular processing: The immigrant visa process through a U.S. consulate outside the United States.
| If You Are Inside the United States | If You Are Outside the United States |
|---|---|
| You may be able to apply through adjustment of status if eligible | You may process through a U.S. consulate |
| Form I-485 may be used | Consular immigrant visa processing may be used |
| Visa availability is still required | Visa availability is still required |
| Eligibility depends on the facts of the case | Eligibility depends on the facts of the case |
If the applicant is already in the United States and eligible, the final step may be adjustment of status using Form I-485. If the applicant is outside the United States, the final step may be immigrant visa processing through a U.S. consulate.
If you are already in the United States and an immigrant visa number is available, you may be able to submit Form I-485, Application to Register Permanent Residence or Adjust Status.
In some cases, Form I-485 may be filed after Form I-140 approval, and in other cases it may be filed concurrently with Form I-140 if the priority date is current and USCIS permits filing under the applicable Visa Bulletin chart.
Once USCIS approves Form I-485, you will be able to have EB2 permanent resident status in the United States.
What Documents are Required for an EB2 visa?
There are many documents that may be required to demonstrate that you meet the EB2 visa requirements. The following is a general list. However, the specific forms that you will need will depend on your specific situation. My team and I would be happy to help you determine which documents would be appropriate for your situation.
- Evidence of academic degrees
- Articles or publications by or about you
- Letters from experts in the field
- Copies of contracts between the employer and beneficiary
- Letters from current or previous employers
- Evidence of grants or patents
What Forms are Required to Apply for an EB2 Visa?
There are several forms that are required to properly satisfy EB2 visa procedural requirements. Some of which are discussed below. My team and I would be happy to answer any questions about these forms. We would also be happy to assist you with any of these documents.
Form ETA-9089
Form ETA-9089 is the Application for Permanent Employment Certification. This form is submitted as part of the PERM labor certification and generally must be approved before you can submit an immigrant petition in most EB-2A and EB-2B cases. The only time a PERM labor certification (Form ETA-9089) does not need to be completed is if you are filing for a national interest waiver (EB-2C). This form is completed by the U.S. employer. Approval means that, under Department of Labor rules, the job offer and hiring will not adversely affect U.S. workers.
Form I-140
Form I-140 is the Immigrant Petition for Alien Workers and is a key component of meeting the EB-2 visa requirements. This form is usually filed by the U.S. employer on behalf of the beneficiary. The main exception is when someone is filing for an EB-2 National Interest Waiver (EB-2C), in which case the beneficiary may self-petition by filing Form I-140 on their own behalf. Additional details are available on the USCIS Form I-140 page.
EB2 Visa Fees
There are several government filing fees associated with the EB2 visa application process, and these are adjusted periodically by USCIS and the Department of State.
Fee responsibility can vary depending on the type of cost and the stage of the case. Some costs may be paid by the petitioner or employer, while others may be paid by the applicant.
Typical fees may include:
| Fee Category | When It May Apply |
|---|---|
| Form I-140 filing fee | When filing the immigrant petition |
| Asylum Program Fee | When required for a Form I-140 filing |
| Form I-485 filing fee | For eligible applicants applying for adjustment of status in the United States |
| Consular immigrant visa fee | For applicants processing through a U.S. consulate |
| Premium processing fee | If premium processing is available and selected |
| Other case costs | Depending on translation, documentation, attorney’s fees, and case-specific needs |
- Form I-140 immigrant petition filing fee
- Form I-485 adjustment of status filing fee (if applicable, for applicants filing inside the United States)
- Biometrics fee (if applicable)
- Consular immigrant visa fee for Form DS-260 (if applicable, for applicants processing through a U.S. consulate)
- Optional premium processing fee for Form I-140 (if you and the employer choose to use premium processing)
- Other costs (including photocopying, translation, and attorney’s fees), which vary on a case-by-case basis
Next, your petition (Form I-140) will need to be processed and approved, which often takes several months.
In some cases you can pay for premium processing, where USCIS will take action on your petition within the timeframe specified for the category (e.g., 15 business days for standard EB-2 petitions and 45 business days for EB-2 NIW).
Premium processing means USCIS will take action within the applicable premium processing timeframe. It does not mean the case will be approved, and it does not remove the need to meet all EB2 eligibility requirements.
This action includes:
- Issuing a final decision (such as an approval or denial)
- A Request for Evidence (RFE)
- A Notice of Intent to Deny (NOID)
Check current premium processing times on the USCIS website.
EB2 Visa Processing Time
The overall time it takes to process your EB2 visa application will depend on many factors, including:
- How clearly you satisfy the EB2 visa requirements
- When you apply
- Your country of chargeability (usually your country of birth
- The specifics of your case.
EB2 timelines can vary based on the type of case, USCIS processing, PERM requirements, premium processing availability, country of chargeability, and immigrant visa availability. Any timeline should be treated as an estimate, not a guarantee.
PERM labor certification processing times can vary significantly based on the Department of Labor's current workload. Always check the Department of Labor's current processing time reports for the most up-to-date estimates.
If you are subject to an audit, this process can be significantly delayed. For this reason, it is important you take as many precautions as possible for your PERM labor certification to be successful.
Next, your petition (Form I-140) will need to be processed and approved. This often takes several months, and you may be able to request premium processing for a faster decision (see section “7. EB-2 Visa Fees”) For those born in China and India, the priority date may be several years in the future. Therefore, the time can vary wildly.
The EB2 visa application process can take between one to several years. My team and I would be happy to provide more information on the expected timeline for your individual situation.
For some countries, you may be able to move forward as soon as your petition is approved. For other countries, your priority date may not become current for several years. In some situations, comparing EB2 wait times with the current EB-3 processing time can help determine which employment-based category may move faster based on your country of birth. In particular, those born in China and India should expect longer waits. Overall, the EB2 visa application process can take anywhere from about a year to several years, depending on your category, chargeability country, and government backlogs. You should check current processing times and the monthly Visa Bulletin for the most up-to-date information.
Examples of Successful EB2 Visa Cases
The EB2 visa can be a strong option for qualified professionals, individuals with exceptional ability, and certain people whose work may qualify for a National Interest Waiver. Because there are different paths under EB2, a successful case can look different depending on the applicant’s background, evidence, and immigration strategy.
Here are some examples of EB2 cases that may be approvable depending on the specific facts and evidence presented:
| Example Case | Why the Case May Qualify for EB2 |
|---|---|
| Advanced degree professional with a U.S. employer sponsor | The applicant has an advanced degree or its equivalent, and the U.S. employer is offering a qualifying permanent position. |
| Professional with exceptional ability in the sciences, arts, or business | The applicant has strong evidence showing a level of expertise significantly above what is normally encountered in the field. |
| EB2 National Interest Waiver applicant | The applicant qualifies under EB2 and can show that their proposed work has substantial merit and national importance, that they are well positioned to advance the work, and that it would benefit the United States to waive the job offer and PERM requirements. |
For example, an engineer with an advanced degree and a qualifying job offer may qualify through the standard employer-sponsored EB2 process. A researcher, entrepreneur, medical professional, or other highly qualified individual may qualify through the EB-2 National Interest Waiver if their work meets the NIW standard.
Every EB2 case is different. A strong case is not based on job title alone. USCIS will look at the applicant’s qualifications, the evidence submitted, the type of EB2 category being used, and whether all legal requirements are satisfied.
Successful EB-2 cases are usually supported by clear documentation. This may include academic records, employment records, professional achievements, expert letters, evidence of recognition, evidence of the proposed endeavor, and other documents that help show why the applicant qualifies.
Common Reasons EB2 Visa Applications Get Denied
An EB2 petition can be denied for many different reasons. Sometimes the issue is that the applicant does not meet the legal requirements. Other times, the case may be denied because the evidence is not strong enough, the petition is not organized clearly, or the strategy does not match the applicant’s background.
Below are some common reasons EB2 cases may run into problems:
| Common Issue | Why It Can Be a Problem |
|---|---|
| Weak evidence of eligibility | USCIS may not be convinced that the applicant qualifies as an advanced degree professional, a person of exceptional ability, or under the National Interest Waiver standard. |
| Insufficient documentation | Important claims must be supported by evidence. General statements without documents may not be enough. |
| Problems with the job offer or PERM process | In many employer-sponsored EB2 cases, the job offer and PERM labor certification process are important parts of the case. Errors or inconsistencies can create issues. |
| Unclear National Interest Waiver argument | For NIW cases, the petition must clearly explain the proposed endeavor, why it has substantial merit and national importance, and why the applicant is well positioned to advance it. |
| Inconsistent information | Differences between forms, letters, resumes, academic records, or prior filings can lead to questions or concerns. |
| Missing or weak expert letters | Expert letters can help, but they should be detailed, credible, and connected to the applicant’s qualifications and work. |
| Failure to respond properly to a Request for Evidence | If USCIS issues an RFE, the response must address the officer’s concerns directly and with strong supporting documents. |
EB2 cases are evidence-driven. Even if someone appears qualified, the case can still be denied if the petition does not clearly explain eligibility and support the claims with strong documentation.
For this reason, it is important to carefully prepare the case from the beginning. A well-prepared EB2 petition should explain the applicant’s qualifications, provide the necessary evidence, and present the case in a way that is easy for USCIS to understand
How to Strengthen Your EB2 Visa Application
One of the best ways to strengthen an EB2 case is to make sure the petition is clear, complete, and supported by strong evidence. EB2 cases are not just about meeting a general profile. The petition should show how the applicant meets the specific EB2 requirements.
For many EB2 cases, this means showing that the applicant qualifies as an advanced degree professional or as a person with exceptional ability. For EB2 National Interest Waiver cases, it also means showing that the proposed endeavor meets the NIW standard.
Here are some ways to strengthen an EB2 application:
| Strategy | How It Can Help |
|---|---|
| Identify the correct EB2 path | The case should be built around the correct category, such as advanced degree, exceptional ability, or National Interest Waiver. |
| Gather strong supporting documents | USCIS generally relies on evidence, not unsupported claims. |
| Use detailed recommendation letters | Letters should explain the applicant’s qualifications, achievements, and importance of the work. |
| Explain the applicant’s work clearly | The petition should make the applicant’s field, role, and contributions understandable. |
| Address weaknesses early | If there are gaps or potential concerns, they should be handled carefully and honestly. |
| Organize the petition well | A clear structure can help USCIS understand how the evidence supports eligibility. |
EB2 Application Strength Checklist
- Confirm the correct EB2 category
- Review the applicant’s education and experience
- Gather academic records and employment evidence
- Collect evidence of achievements and recognition
- Prepare detailed letters from credible sources
- Explain the proposed endeavor clearly, if filing an NIW case
- Make sure all forms and supporting documents are consistent
- Review the petition for missing evidence before filing
A strong EB2 case should not make USCIS guess why the applicant qualifies. The petition should connect the facts, the evidence, and the legal requirements in a clear and organized way.
Why Do You Need an Immigration Lawyer for an EB2 Visa?
You are not required to have an immigration lawyer to apply for an EB2 visa. However, EB2 cases can be complex, and working with an immigration lawyer can be very helpful.
This is especially true because EB2 cases can involve different legal paths. Some cases are employer-sponsored and require PERM labor certification. Other cases may be filed as EB2 National Interest Waiver petitions, where the applicant may be able to self-petition without a job offer.
| EB2 Issue | Why Legal Guidance Can Help |
|---|---|
| Choosing the right EB2 category | An immigration lawyer can help determine whether the case should be structured as advanced degree, exceptional ability, or NIW. |
| Reviewing eligibility | A lawyer can evaluate whether the applicant’s background appears to meet the EB2 requirements. |
| Preparing evidence | A lawyer can help identify what evidence is needed and how it should be presented. |
| Handling PERM-related issues | Employer-sponsored EB2 cases often require careful coordination with the employer. |
| Building an NIW argument | NIW cases require a clear explanation of the proposed endeavor and why the waiver should be granted. |
| Responding to USCIS concerns | If USCIS issues an RFE or other notice, a lawyer can help prepare a focused response. |
EB2 cases are highly dependent on facts and evidence. A lawyer can help evaluate the strengths and weaknesses of the case and develop a strategy based on the applicant’s goals.
An immigration lawyer cannot guarantee that an EB2 petition will be approved. However, a lawyer can help make sure the case is carefully prepared, properly documented, and clearly presented.
How Our Team Helps With Your EB2 Visa
At Ashoori Law, our legal team helps clients understand whether the EB-2 visa may be a good option for them. We also help determine which EB-2 path may fit the facts of the case, including employer-sponsored EB-2 and EB-2 National Interest Waiver cases. Our team can assist with the EB-2 process from the initial strategy stage through the preparation and filing of the petition. Some matters may be handled directly and, where appropriate, through a network of independent immigration attorneys or law firms.
Here is how we can help:
| Step | How We Help |
|---|---|
| Initial case evaluation | We review the applicant’s education, experience, achievements, proposed work, and immigration goals. |
| EB2 strategy | We help determine whether the case may fit advanced degree, exceptional ability, or National Interest Waiver. |
| Evidence planning | We identify documents that may help support the case. |
| Petition preparation | We prepare the legal forms, supporting evidence, and written case presentation. |
| Employer coordination | For employer-sponsored EB2 cases, we can help coordinate with the sponsoring employer. |
| NIW case development | For NIW cases, we help explain the proposed endeavor and how the applicant may satisfy the NIW standard. |
| USCIS follow-up | If USCIS issues a Request for Evidence or other notice, we can help prepare a response. |
Our EB2 Case Support May Include:
- Reviewing your qualifications
- Identifying the best EB2 strategy
- Preparing a customized evidence list
- Drafting and organizing the petition
- Helping with recommendation letter strategy
- Coordinating with employers when needed
- Preparing responses to USCIS notices
- Guiding you through the next steps after approval
Our goal is to make the EB-2 process as clear and organized as possible. We understand that applying for a green card is a major step, and we work closely with our clients throughout the process.
Meet Michael Ashoori
Michael Ashoori is a U.S. immigration lawyer and the founder and President of Ashoori Law. He focuses his practice on helping individuals, families, professionals, entrepreneurs, investors, and U.S. employers with immigration matters.
Michael has worked with clients across many different immigration categories, including employment-based green card cases. His approach is focused on making the immigration process easier to understand and helping clients move forward with a clear strategy.
For EB-2 cases, Michael and the Ashoori Law team help clients evaluate eligibility, understand the available options, and prepare strong petitions based on the facts of each case.
“A strong immigration case starts with understanding the client’s goals, identifying the right legal strategy, and presenting the evidence clearly.”
EB-2 cases can involve many moving parts, including the applicant’s qualifications, employer sponsorship, PERM labor certification, National Interest Waiver eligibility, priority dates, and final green card processing. Michael and the Ashoori Law team help clients navigate these issues step by step.
Why Choose Ashoori Law for Your EB2 Visa Case?
Choosing the right immigration law firm can make a major difference in how your EB-2 case is prepared and presented. EB-2 cases require careful analysis, strong evidence, and a clear understanding of the immigration process.
At Ashoori Law, we focus on providing clear communication, thoughtful strategy, and strong legal support throughout the process.
| Why Clients Choose Ashoori Law | What This Means for Your EB2 Case |
|---|---|
| Immigration-focused legal team | Your case is handled by a team that regularly works on U.S. immigration matters. |
| Strategy-based approach | We help identify the EB-2 path that best fits your facts and goals. |
| Strong evidence planning | We help determine what documents may support your eligibility. |
| Clear communication | We explain the process and next steps in a way that is easy to understand. |
| Experience with professionals and employers | We assist both individuals and U.S. employers with employment-based immigration matters. |
| Support from start to finish | We can help from initial evaluation through filing and post-approval steps. |
What We Focus On
- Determining whether EB-2 is the right category
- Evaluating whether an NIW strategy may be available
- Identifying potential weaknesses in the case
- Organizing the evidence clearly
- Preparing a detailed petition
- Helping clients understand the process and timeline
EB-2 cases are not one-size-fits-all. The right strategy depends on the applicant’s qualifications, evidence, employer involvement, visa availability, and long-term immigration goals.
Contact Our Team
If you are considering applying for an EB2 visa, or if you want to know whether EB2 may be the right green card option for you, we would be happy to help.
The EB2 process can vary depending on your qualifications, your employment situation, whether PERM is required, and whether you may qualify for a National Interest Waiver. Because of this, it is important to evaluate your case carefully before moving forward.
When you contact Ashoori Law, we can help you understand:
- Whether EB-2 may be a good fit for your situation
- Whether you may qualify as an advanced degree professional
- Whether you may qualify based on exceptional ability
- Whether a National Interest Waiver may be an option
- Whether employer sponsorship may be required
- What evidence may be needed for your case
- What the general EB-2 process may look like
If you have questions about the EB2 visa, you can contact Ashoori Law to schedule a consultation. Our team would be happy to review your situation and help you understand your options.
If you are ready to explore your EB-2 options, contact our office today. We would be happy to help you determine the best path forward based on your goals and qualifications.
What Happens After Your EB2 Visa is Approved?
After your EB-2 petition is approved, the next step depends on your situation. An approved Form I-140 is an important milestone, but it does not always mean that you can immediately receive a green card.
In many cases, you must wait until an immigrant visa number is available based on your priority date, your EB-2 category, and your country of chargeability. Once a visa number is available, the final step will usually be either adjustment of status or consular processing.
| If You Are in the United States | If You Are Outside the United States |
|---|---|
| You may be able to apply for adjustment of status using Form I-485 if eligible. | You may complete immigrant visa processing through a U.S. consulate. |
| You generally must have an immigrant visa number available. | You generally must have an immigrant visa number available. |
| USCIS will review the adjustment of status application. | The case may proceed through the National Visa Center and consular interview process. |
| If approved, you may become a lawful permanent resident. | If the immigrant visa is approved and you enter the United States using that visa, you may become a lawful permanent resident. |
After EB2 Approval, Common Next Steps May Include:
- Confirming whether your priority date is current
- Determining whether you will use adjustment of status or consular processing
- Preparing the required forms and civil documents
- Completing biometrics, medical exam, or interview steps if required
- Waiting for a final decision on the green card application or immigrant visa application
EB-2 petition approval and green card approval are not always the same thing. The final step depends on visa availability, admissibility, and whether the applicant completes adjustment of status or consular processing.
Once the final step is approved, the applicant may become a lawful permanent resident of the United States. Lawful permanent residence can provide long-term immigration stability and may eventually lead to eligibility for U.S. citizenship if all requirements are met.
Common FAQs
This section addresses common questions about the EB-2 visa to help you better understand the process:
- What is the EB-2 visa?
The EB-2 visa is an employment-based immigrant classification that may allow certain professionals to apply for a green card. It is generally available to people with advanced degrees, people with exceptional ability in the sciences, arts, or business, and certain applicants who qualify for a National Interest Waiver.
- Is EB 2 visa a green card?
The EB-2 visa is an immigrant visa category that can lead to a green card. If the EB-2 process is completed successfully, the applicant may become a lawful permanent resident of the United States.
- How to apply for EB-2 visa?
The EB-2 process usually starts by determining whether the applicant qualifies under the advanced degree, exceptional ability, or National Interest Waiver path. In many employer-sponsored EB-2 cases, the employer must complete PERM labor certification and then file Form I-140. In EB-2 National Interest Waiver cases, the applicant may be able to self-petition by filing Form I-140 without a job offer or PERM labor certification.
- Is EB-2 a visa?
Yes. EB-2 is an employment-based immigrant visa classification. It is often discussed as a green card category because it can lead to lawful permanent residence in the United States.
- Do I need a job offer for an EB-2 visa?
In many EB-2 cases, a U.S. employer must offer you a permanent job and complete the PERM labor certification process. However, EB-2 National Interest Waiver cases may allow a qualified applicant to self-petition without a job offer. Whether a job offer is required depends on the specific EB-2 path being used.
- What is the difference between EB-2 and EB-2 NIW?
EB-2 refers to the broader employment-based second preference immigrant classification. EB-2 NIW, or National Interest Waiver, is a type of EB-2 case where the applicant asks USCIS to waive the job offer and PERM labor certification requirements because the proposed work may benefit the United States. NIW applicants still must first qualify under EB-2 as either advanced degree professionals or individuals with exceptional ability.
- Can I apply for EB-2 visa myself?
In some cases, yes. If you qualify for an EB-2 National Interest Waiver, you may be able to self-petition without a U.S. employer sponsor. However, many standard EB-2 cases require a U.S. employer, a qualifying job offer, and PERM labor certification.
- How long does the EB-2 process take?
The EB-2 timeline can vary widely. Factors include whether PERM is required, USCIS processing times, whether premium processing is available and used, the applicant’s country of chargeability, and Visa Bulletin availability. Some cases may move relatively quickly, while others may take several years because of backlogs.
- Does premium processing guarantee EB-2 approval?
No. Premium processing only requires USCIS to take action within the applicable premium processing timeframe. That action may be an approval, denial, request for evidence, or other notice. It does not guarantee that the petition will be approved.
- Can my spouse and children get green cards through my EB-2 case?
A spouse and unmarried children under 21 may generally be eligible to immigrate as derivative beneficiaries if the principal EB-2 applicant is approved and immigrant visas are available. Their eligibility can depend on age, family relationship, admissibility, and timing issues. Children close to turning 21 may need additional analysis because age-out rules can be complex.
- Is EB-2 better than EB-3?
It depends on the applicant’s qualifications, the job requirements, and current Visa Bulletin movement. EB-2 may be preferable for some advanced degree or exceptional ability cases, but EB-3 may sometimes have a more favorable timeline depending on the person’s country of chargeability and the monthly Visa Bulletin. Applicants often compare both categories before choosing a strategy.
EB-2 cases can involve different paths, including employer-sponsored filings and National Interest Waiver filings. The right approach may depend on the applicant’s qualifications, available evidence, employer involvement, PERM requirements, visa availability, and long-term immigration goals.
Key Takeaways
- EB-2 is an employment-based immigrant classification that may lead to a green card.
- Applicants generally qualify through an advanced degree, exceptional ability, or a National Interest Waiver.
- Many employer-sponsored EB-2 cases require PERM labor certification.
- EB-2 NIW cases may allow qualified applicants to request a waiver of the job offer and PERM requirements.
- Visa availability, priority dates, and country of chargeability can affect when the final green card step may move forward
Conclusion
You should now have a much better understanding of:
- What the EB-2 visa is
- The main EB-2 visa benefits
- The different EB-2 visa categories
- EB-2 visa requirements for advanced degree professionals
- EB-2 visa requirements for people with exceptional ability
- How the EB-2 National Interest Waiver works
- The EB-2 visa process
- EB-2 visa filing fees
- EB-2 visa processing times
- Examples of successful EB-2 visa cases
- Common reasons EB-2 visa applications get denied
- How to strengthen an EB-2 visa application
- What happens after EB-2 visa approval
The EB-2 visa is a powerful option for qualified professionals, individuals with exceptional ability, and certain applicants whose work may qualify for a National Interest Waiver.
With an approved EB-2 petition, you may be able to move forward toward lawful permanent residence in the United States, depending on visa availability and whether you complete adjustment of status or consular processing.
The EB-2 process can be complex. Some cases require a U.S. employer and PERM labor certification, while others may qualify for a National Interest Waiver without a job offer.
Because the right strategy depends on your education, experience, achievements, proposed work, employer involvement, country of chargeability, and long-term immigration goals, it is important to prepare the case carefully.
Ashoori Law is a full-service immigration law firm focused on helping professionals, employers, entrepreneurs, and families with U.S. immigration matters. If you have any questions, or if you need help with your EB-2 visa case, please reach out at contact@ashoorilaw.com. We would be happy to help you.
Michael Ashoori, Esq.
President of Ashoori Law
I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.
Since starting my law firm, I’ve helped thousands of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.
Got a question? Send me an email.