United States•North AmericaEB-2 Employment Second Preference
At a Glance
Processing Time
~210 days
Application Fee
1,140 USD
Stay Duration
Indefinite
Renewable
Yes
Job Offer
Not Required
Dependents
Allowed
PR Pathway
Available
This visa can lead to permanent residency — the right to live and work here indefinitely without renewing your visa.Remote Work
Not Required
Overview
Immigrant visa for professionals with advanced degrees or exceptional ability. Includes National Interest Waiver option.
The EB-2 Employment Second Preference visa was established under the Immigration Act of 1990 to provide a pathway for foreign nationals possessing advanced degrees or exceptional ability to obtain permanent residency in the United States. The program is designed to strengthen the U.S. economy and academic landscape by recruiting highly specialized talent that cannot be easily sourced from the domestic labor pool. It serves as a middle tier between the EB-1 category for extraordinary individuals and the EB-3 category for general skilled workers.
This visa is ideal for professionals who have attained a Master’s degree or higher, or those with a Bachelor’s degree followed by at least five years of progressive professional experience. It also caters to individuals who can demonstrate a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. A key distinguishing feature is the National Interest Waiver (NIW) provision, which allows certain applicants to bypass the standard labor certification process if their work is deemed of substantial merit and national importance to the United States.
Annual Visa Allocation
40,004 visas per year
The EB-2 quota is 28.6% of the worldwide employment-based preference level, plus any unused EB-1 visas. No more than 7% of visas can be issued to natives of any single country.
No lottery system
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Requirements
Personal
Criminal Record Policy
case_by_case
Education
Bachelor or higher
Professional
Experience
5+ years
Documentation
Applicant Documents
Valid passport
Educational credentials
Advanced degree
Letters of recommendation
Evidence of exceptional ability
OptionalSponsor Documents
Form I-140
Immigrant petition
Labor certification
PERM unless NIW
Job offer
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Advantages
- Faster path to permanent residency than the EB-3 category for most nationalities
- Higher annual visa allotment priority compared to the EB-3 skilled worker category
- Opportunity to waive the job offer requirement through the National Interest Waiver
- Ability to self-petition without an employer sponsor when qualifying for an NIW
- Lower evidentiary threshold for 'exceptional ability' compared to EB-1 'extraordinary ability'
- More predictable adjudication standards for advanced degree holders compared to talent-based categories
Considerations
- Extensive wait times and backlogs for applicants born in India and mainland China
- Rigorous and time-consuming PERM labor certification process for non-NIW cases
- High burden of proof required to demonstrate 'national importance' for waiver requests
- Susceptibility to sudden retrogression in the Visa Bulletin priority dates
Application Process
Labor certification (PERM)
Employer obtains from DOL unless NIW
File I-140 petition
Employer files with USCIS
USCIS approval
Wait for I-140 approval
Wait for priority date
If visa numbers unavailable
File I-485 or DS-260
Adjust status or consular processing
Receive green card
Permanent resident status
Application Forms
Form I-140
Form ID: I-140
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