EB-2: Advanced Degree / Exceptional Ability

Form I-140 | PERM Labor Certification Required (unless filing under NIW)

The EB-2 immigrant visa category is part of the U.S. employment-based green card system and is designed for foreign nationals who possess either an advanced degree or demonstrate exceptional ability in their field. This category provides a pathway to permanent residency (green card) for professionals whose education or expertise aligns with the needs of U.S. employers and the national labor market.

Who Qualifies?

Applicants must meet one of the following two standards:

1. Advanced Degree Professionals
   The position being offered must require an advanced degree, and the applicant must possess:

   • A U.S. master’s degree or higher, or

   • A U.S. bachelor’s degree (or foreign equivalent) plus at least five years of progressive post-baccalaureate work experience in the field.

2. Individuals with Exceptional Ability
   Applicants must demonstrate a level of expertise significantly above that ordinarily encountered in their profession. This can apply to fields such as science, arts, or business. Evidence must include at least three of the following:

   • Official academic records showing a degree or diploma

   • Letters documenting at least 10 years of full-time experience

   • A professional license or certification

   • Evidence of a high salary indicating exceptional ability

   • Membership in professional associations

   • Recognition by peers, government entities, or professional organizations

Labor Certification Requirement

Most EB-2 applicants must go through the PERM Labor Certification process, administered by the U.S. Department of Labor. This process requires the sponsoring employer to:

• Test the U.S. labor market for qualified U.S. workers,

• Advertise the job position through specific channels, and

• Prove that hiring the foreign national will not adversely affect wages or working conditions of U.S. workers.

Once the PERM certification is approved, the employer files Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS) on the applicant’s behalf.

Exception: If the applicant qualifies for a National Interest Waiver (NIW), the PERM labor certification and employer sponsorship requirements may be waived.

Benefits of the EB-2 Visa

• Direct path to U.S. permanent residency

• Faster processing than some other categories (such as EB-3), depending on the applicant’s country of birth

• Eligibility to include immediate family members (spouse and unmarried children under 21), who may also apply for work and travel authorization

Filing Process Overview

1. PERM Labor Certification (if applicable)

2. Form I-140 Petition filed by the U.S. employer

3. Form I-485 (Adjustment of Status) or Consular Processing (if abroad), when a visa number is available

4. Work authorization and advance parole applications (optional while I-485 is pending)

Ideal for:

• Engineers, researchers, and professionals with graduate degrees

• Healthcare professionals (e.g., physical therapists, pharmacists)

• Business executives and managers with proven performance and qualifications

• Scientists, educators, or economists with high-level experience