EB-2 Employment Second Preference
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EB-2 Employment Second Preference

Skilled Migration PR PathwayThis visa can lead to permanent residency — the right to live and work here indefinitely without renewing your visa. Dependents Allowed

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

Optional

Sponsor Documents

Form I-140

Immigrant petition

Labor certification

PERM unless NIW

Job offer

Track your documents or upload them for AI-powered review

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

1

Labor certification (PERM)

Employer obtains from DOL unless NIW

2

File I-140 petition

Employer files with USCIS

3

USCIS approval

Wait for I-140 approval

4

Wait for priority date

If visa numbers unavailable

5

File I-485 or DS-260

Adjust status or consular processing

6

Receive green card

Permanent resident status

Application Forms

Form I-140

Form ID: I-140

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Living in United States

Cost of Living
Baseline
Avg Salary$51,000
Quality of Life
186/200
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