The EB-2 category is the employment-based immigrant visa (“green card”) for two groups of people: members of the professions who hold an advanced degree, and persons of exceptional ability in the sciences, arts or business. It sits between the EB-1 category, which is reserved for those at the very top of their field, and the EB-3 category, which covers professionals, skilled workers and other workers.
There are two ways to obtain an EB-2 green card. The first, and by far the most common, is through a U.S. employer that offers a permanent, full-time position and obtains a Labor Certification (PERM) from the U.S. Department of Labor (“DOL”). The second is the National Interest Waiver (“NIW”), which allows a foreign national to file on his or her own behalf, without an employer and without a labor certification.
This page explains who qualifies for the EB-2 category and how the employer-sponsored process works. The NIW has additional requirements of its own, which are described on our EB-2 National Interest Waiver (NIW) page. In either case the foreign national must first qualify for the EB-2 category itself. U.S. Citizenship and Immigration Services (“USCIS”) examines that threshold question closely, and it is the first thing we review.
Who Qualifies for EB-2
Members of the Professions Holding an Advanced Degree
An advanced degree is any U.S. academic or professional degree above a bachelor’s degree, such as a master’s degree, a Ph.D., a J.D. or an M.D., or a foreign equivalent degree. The law also treats a U.S. bachelor’s degree, or a foreign equivalent degree, followed by at least five years of progressively responsible experience in the specialty as the equivalent of a master’s degree. If a doctoral degree is customarily required in the specialty, the foreign national must hold one.
Several points cause problems in practice:
- The job must require the advanced degree. In an employer-sponsored case it is not enough that the foreign national holds a master’s degree. The position itself must require, at a minimum, a master’s degree or a bachelor’s degree plus five years of progressive experience. A position that can be filled by a person with a bachelor’s degree and two years of experience is an EB-3 position, no matter who fills it.
- The five years of experience must come after the bachelor’s degree. Experience gained before the degree was awarded does not count. The experience must also be “progressive,” meaning that it shows increasing responsibility and complexity over time.
- The bachelor’s degree must be a single degree equivalent to a U.S. four-year degree. Unlike the H-1B category, a combination of lesser degrees, diplomas or work experience cannot be added together to equal a bachelor’s degree. A three-year foreign bachelor’s degree, standing alone, is generally not accepted as the equivalent of a U.S. bachelor’s degree. We obtain a credentials evaluation at the start of every case that relies on a foreign degree.
- The experience must be documented. Letters from prior employers, on letterhead, stating the job title, dates of employment and specific duties performed are required. Generally, experience gained with the sponsoring employer in the same position cannot be counted.
Persons of Exceptional Ability
Exceptional ability means “a degree of expertise significantly above that ordinarily encountered” in the sciences, arts or business. This is a lower standard than the “extraordinary ability” required for the EB-1A category, and a degree is not required. The regulations require that the foreign national submit at least three of the following:
- 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;
- Letters from current or former employers showing at least ten years of full-time experience in the occupation;
- A license to practice the profession, or certification for the profession or occupation;
- Evidence that the foreign national has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
- Evidence of membership in professional associations; or
- Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
If these standards do not readily apply to the occupation, comparable evidence may be submitted. Meeting three of the criteria is not the end of the analysis. USCIS then considers all of the evidence together to decide whether the foreign national in fact has expertise significantly above that ordinarily encountered in the field.
Two Ways to File
With a U.S. Employer and a Labor Certification
Most EB-2 cases are filed by an employer. The employer-sponsored EB-2 case is the same three-step process as an EB-3 case, and it involves the DOL, USCIS and, for those outside the United States, the Department of State.
Step 1: Labor Certification (PERM). The employer must obtain a Prevailing Wage Determination from the DOL, conduct a formally regulated recruitment campaign to test the U.S. labor market, and then file the PERM application. This step is described in detail on our Labor Certification (PERM) Process page.
In an EB-2 case the drafting of the job requirements is the most important decision in the entire process. The requirements must be the employer’s actual minimum requirements for the position. The DOL will question requirements that exceed what is normal for the occupation, and the employer must be prepared to show that they arise from business necessity. Requirements cannot be inflated to reach the EB-2 category, and they cannot be tailored to the foreign national’s own resume. The foreign national must also have met every requirement before the PERM application was filed.
The date the PERM application is filed becomes the foreign national’s “priority date,” which is his or her place in line for a visa number. By regulation the employer must pay all attorney’s fees and recruitment costs associated with the labor certification. They cannot be passed on to the employee.
Step 2: Immigrant Visa Petition (I-140). A certified labor certification is valid for only 180 days. Immediately after certification we prepare and file the Immigrant Visa Petition with USCIS. The petition must include the certified labor certification, an official academic record showing the advanced degree (or the bachelor’s degree together with employer letters showing five years of progressive experience), and evidence of the employer’s ability to pay the offered wage from the priority date forward. USCIS will act on the petition within 15 business days if premium processing is requested.
Step 3: Application for Permanent Residence (I-485) or Consular Processing. If the foreign national is in the United States, he or she and any family members may file Applications for Permanent Residence (“green card applications”) once the priority date is current. Employment and travel authorization are available to each of them while the applications are pending. Once the green card application has been pending for 180 days and the I-140 has been approved, the foreign national may generally move to a new job in the same or a similar occupation without starting over. If the foreign national is outside the United States, the approved I-140 is sent to the National Visa Center and the family applies for immigrant visas at the U.S. consulate in their country of residence.
Without an Employer: The National Interest Waiver
A foreign national who qualifies for the EB-2 category may ask USCIS to waive the job offer and labor certification requirements. To obtain the waiver the foreign national must show that:
- The proposed endeavor has “substantial merit and national importance”;
- He or she is “well-positioned” to advance the proposed endeavor; and
- On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements.
Because no employer and no DOL filing is involved, the foreign national files the I-140 on his or her own behalf, and the priority date is the date the I-140 is filed. Premium processing is available for NIW petitions, and USCIS will act within 45 business days. Physicians who agree to work full-time for five years in a medically underserved area or at a Veterans Affairs facility may qualify under a separate NIW provision.
An NIW does not move the foreign national ahead in the line for a visa number. NIW cases wait in the same EB-2 line as employer-sponsored cases. Please see our EB-2 National Interest Waiver (NIW) page for a full discussion.
Schedule A
The DOL has “pre-certified” a small number of occupations on Schedule A. For these the employer skips the recruitment campaign and files the labor certification form directly with USCIS, together with the I-140. Physical therapists, whose positions frequently require an advanced degree, may qualify for EB-2 this way. Schedule A also covers certain persons of exceptional ability in the sciences or arts, including college and university teachers, and in the performing arts. The Schedule A standard for exceptional ability is higher than the ordinary EB-2 standard, and we evaluate those cases individually.
How Long Will It Take?
There are two separate waits in an EB-2 case: the time the government takes to process each step, and the time it takes for a visa number to become available.
Congress allots roughly 40,000 visas each year to the entire EB-2 category worldwide, and that number includes the spouses and children of the principal applicants. No single country may receive more than 7% of the total. When more people qualify than there are visas, a line forms, and each person’s place in that line is his or her priority date. The Department of State publishes the cutoff dates each month in the Visa Bulletin. A foreign national may receive the green card only when his or her priority date is earlier than the “Final Action Date” for his or her country of birth. In some months USCIS also permits the green card application to be filed earlier, under the “Dates for Filing” chart.
For many years the EB-2 category was “current” for most of the world, meaning that there was no wait for a visa number. That is no longer the case. As of October 2026 there is a wait for applicants from every country, and for those born in India or China the wait is measured in many years.
Country of birth, not citizenship, controls. A foreign national who is married to someone born in a different country may be able to use the spouse’s country instead, which can shorten the wait by years.
EB-2 Timeline Chart
| Step | Agency | What is decided | Current timing (October 2026) |
| Prevailing Wage Determination | Department of Labor | Minimum wage the employer must offer | 3 to 4 months |
| Recruitment | Employer | Whether a qualified U.S. worker is available | 2 to 3 months |
| Labor Certification (PERM) | Department of Labor | No qualified U.S. applicants for the position | 10 to 11 months |
| Immigrant Visa Petition (I-140) | USCIS | Employee qualifies for EB-2 and employer is able to pay | 15 business days with premium processing (45 business days for an NIW); several months without |
| Visa number | Department of State | Whether the priority date has been reached | Most countries: priority dates before January 1, 2025. China: October 1, 2021. India: November 1, 2013. |
| Adjustment of Status or Consular Processing | USCIS or U.S. consulate | Eligible (not inadmissible) to immigrate. Medical exam, fingerprints, photographs and lots of forms! | Varies by office |
An NIW case skips the first three steps. Schedule A cases skip the recruitment and PERM steps, but still require a Prevailing Wage Determination.
These dates move every month, and they can move backward as well as forward. The cutoff date tells you who is being reached today. It is not a promise of how long someone starting today will wait. Current dates are posted on our Priority and Processing Dates page.
For an employee in H-1B status, a labor certification or I-140 filed at least 365 days before the six-year limit is reached, or an approved I-140, allows the H-1B to be extended beyond six years while the employee waits.
EB-2 or EB-3?
An employer-sponsored EB-2 case and an EB-3 case go through exactly the same PERM process. The differences are the minimum requirements of the job and the line for a visa number.
The EB-2 line is usually shorter than the EB-3 line, but not always. As of October 2026 EB-2 is ahead for most countries (priority dates before January 1, 2025, compared with May 15, 2024 for EB-3). For those born in China and India the reverse is true, and EB-3 is slightly ahead of EB-2. The two categories regularly trade places, which is why we look at both at the start of every case.
Where a position and a foreign national qualify for both categories, an I-140 may be filed in either one, or in both, on the same labor certification, and the priority date is kept. Likewise, a foreign national with an approved EB-3 petition who is later offered a position that requires an advanced degree may start a new EB-2 case and generally keeps the original priority date. Please see our EB-3 Professional, Skilled, and Other Worker Immigrant Visas page.
Common Questions
- Do I need a job offer?
Yes, unless you qualify for a National Interest Waiver. In an employer-sponsored case the employer is the petitioner and the case is for a specific permanent, full-time position. - I have a master’s degree. Do I automatically qualify for EB-2?
In an employer-sponsored case the position must require the advanced degree, and the employer must be able to show that the requirement is its true minimum for the job. If the position does not require an advanced degree, the case belongs in the EB-3 category. - Can I file an NIW and an employer-sponsored case at the same time?
The two are independent of each other, and many people pursue both. Once an I-140 has been approved, you generally keep the earliest priority date for any later petition. - Can my family immigrate with me?
Your spouse and unmarried children under the age of 21 may immigrate with you. If they are in the United States, they may file green card applications with you and obtain employment and travel authorization while the applications are pending. Special rules may protect a child who turns 21 during the process. - What happens if I change employers before I receive my green card?
The labor certification and I-140 belong to the employer and are for a specific job, so a new employer must normally start a new case. Once your I-140 has been approved, however, you generally keep your priority date, so you do not go to the back of the line. If your green card application has been pending for 180 days, you may not need a new case at all.
SUPPORT DOCUMENTATION FOR EB-2 PETITION
CORPORATE (Prospective U.S. employer):
- Certificate and Articles of Incorporation;
- Employer’s Federal Tax Identification Number;
- Federal corporate income tax returns, annual reports and/or audited financial statements for each year beginning with the year the labor certification is filed;
- Number of current employees, and a list of any other foreign nationals the company is currently sponsoring for permanent residence;
- If the foreign national is already employed by the company, his or her Forms W-2 and recent pay statements;
- Lease or deed for business premises;
- Any available promotional pamphlets and brochures which describe the company and its various products, service, etc;
- A complete job description for the individual’s proposed position, including a list of all job duties; minimum education, training and experience requirements; title of immediate supervisor; number and title of persons supervised; work location; and annual salary and benefits information;
- A short explanation of why the position requires an advanced degree, and the education and experience of others who hold or have held the same position with the company; and
- Full name and title of contact person at company who will coordinate paperwork and the full name and title of the company’s authorized signatory for documents.
INDIVIDUAL (Foreign national):
- Completed General Immigration Questionnaire and Completed Labor Certification Questionnaire;
- Photocopies of individual’s passport, visa and Form I-94, and those of his or her immediate family members who will immigrate with him or her;
- Photocopies of all Forms I-797 Notice of Action, Forms I-20 or DS-2019, and Employment Authorization Cards evidencing prior and current status in the United States;
- Individual’s resume, curriculum vitae, etc.;
- Photocopy of all university diplomas and complete course transcripts, for every degree;
- Letters from each prior employer, on company letterhead, verifying the individual’s job title, dates of employment, hours worked per week and specific duties performed;
- Photocopy of individual’s professional licenses, certifications, professional society membership certificates or cards, etc.;
- For exceptional ability cases, evidence of salary, awards, and recognition by peers, governmental entities, or professional or business organizations; and
- Marriage certificate and birth certificates for the individual and each family member.
English translations must be provided for any foreign language documents.
Although this is a brief synopsis of a complex process, it conveys how much depends on the decisions made in the first weeks of the case: how the position is defined, and whether the foreign national’s degree and experience will be accepted. We will do everything in our power to present USCIS with the most complete and detailed petition possible, and to ease the paperwork burden on both the employer and the foreign national.
