EB-2 vs EB-3: Visa Requirements, Step...
Employment-Based Visas Each year, the U.S. allows roughly 700,000 immigrants to enter the country....
Read MoreThe EB-2 visa is an employment-based, second-preference immigrant category for professionals who hold an advanced degree or who have exceptional ability in the sciences, arts, or business. It is not a temporary visa; it leads to permanent residence.
Most EB-2 applicants need a job offer and an employer to complete the PERM labor certification, while those who qualify for a national interest waiver (NIW) can self-petition without either. Which of the two routes fits an applicant’s circumstances depends on the strength of the case and how much the applicant wants to rely on an employer.
Scott D. Pollock & Associates, P.C. represents professionals and employers in employment-based immigration, including EB-2 cases on both the PERM and national interest waiver routes. Our attorneys handle these cases through every stage, from the underlying petition to adjustment of status or consular processing.
What Is the EB-2 Visa?
EB-2 stands for employment-based second preference, one of five categories through which the United States issues employment-based visas each year. It sits below the EB-1 first-preference visa and receives a fixed share of the annual employment-based supply, which is part of why applicants from countries with high demand can wait years to receive a final green card.
Because it is an immigrant category, the EB-2 leads to lawful permanent residence rather than a temporary stay. An EB-2 case is therefore a multi-step path toward a green card, and the steps differ depending on whether the applicant relies on an employer or self-petitions.
The Two Ways to Qualify for EB-2
A person qualifies for EB-2 in one of two ways. The category itself has two bases; the national interest waiver, covered in its own section below, is a separate option that waives the job requirement entirely for applicants who already meet one of these two bases.
The exceptional-ability basis covers applicants with a degree of expertise significantly above the ordinary in the sciences, arts, or business. A degree on its own does not establish exceptional ability. An applicant must meet at least three of six regulatory criteria, which include an official academic record, letters showing at least ten years of full-time experience, a professional license, a salary that reflects exceptional ability, membership in a professional association, and recognition of achievements by peers or organizations. USCIS will also consider comparable evidence where the listed criteria do not apply.
The advanced-degree basis covers applicants who hold a U.S. master’s degree or higher, or a foreign equivalent. A U.S. bachelor’s degree followed by at least five years of progressive experience in the specialty also satisfies this basis, provided the experience is documented through employer letters and shows a clear progression in duties and responsibility.
The EB-2 Application Process, Step by Step
The path to a visa has three possible stages, depending on the route.
The wait between filing the I-140 and receiving a visa depends on the priority date and the applicant’s country of birth, which the monthly Visa Bulletin governs.
1
For the standard route, the employer completes PERM, then files Form I-140.
2
On the national interest waiver route, the applicant skips PERM and files the I-140 as a self-petition.
3
From there, both routes converge: once the I-140 is approved and a visa is available under the applicant’s priority date, the applicant either files Form I-485 to adjust status from within the United States, or completes consular processing at a U.S. consulate abroad. An approved I-140 does not by itself change a person’s immigration status; it establishes eligibility for the later steps.
The Standard Route: Job Offer and PERM Labor Certification
Most EB-2 applicants take the employer-sponsored route, which begins long before the immigrant petition is filed. Their employer must first complete the PERM labor certification, a Department of Labor process that confirms no able, willing, and qualified U.S. worker is available for the position at the prevailing wage.
Only after PERM is certified does the employer file Form I-140, the immigrant petition, on the applicant’s behalf. This route depends on a permanent, full-time job offer and a sponsoring employer; without labor certification, an applicant cannot use the standard EB-2 path. The trade-off is time and control: under this path, the employer owns the petition, and the PERM stage adds a substantial wait.
The National Interest Waiver: Self-Petitioning Without an Employer
The national interest waiver removes both the job offer and the labor certification requirements for applicants whose work serves the national interest. Rather than proving that no U.S. worker is available, the applicant makes an affirmative case under the three-prong test set out in Matter of Dhanasar: that their proposed work has both substantial merit and national importance, that the applicant is well-positioned to advance it, and that, on balance, it benefits the United States to waive the job-offer and labor-certification requirements.
The waiver is not a separate EB-2 subcategory. An applicant still has to qualify under the advanced-degree or exceptional-ability basis; the waiver only removes the employer from the process. Because there is no PERM step, the applicant self-petitions by filing Form I-140 on their own. Approval is not automatic, and adjudication has grown more demanding in recent years, so the evidence has to show impact beyond a single employer. Researchers, entrepreneurs, and physicians serving in underserved areas are among the profiles that commonly use it. For the full standard and current trends, see our EB-2 national interest waiver page.
EB-2 Processing Times and Fees
Timelines vary by route. For the standard route, PERM labor certification alone can take close to two years to complete (as of 2026) and cannot be expedited. PERM certification must be completed before filing I-140. The national interest waiver begins with filing the I-140, which can be premium processed within a guaranteed decision window in exchange for an added fee. After filing the I-140, the wait for permanent residence hinges on the priority date rather than on processing speed.
Filing involves government fees that USCIS updates periodically. Form I-140 carries a base filing fee, applicants who adjust status file Form I-485 with its own fee, and premium processing is optionally available on the I-140 through Form I-907. Because these amounts change and the premium-processing window differs by category, confirm the current figures on the USCIS fee schedule before filing.
Frequently Asked Questions
Usually, yes. The standard EB-2 route requires a permanent job offer and an employer who completes the PERM labor certification. The national interest waiver is the exception: it waives both the job offer and the labor certification and allows the applicant to self-petition.
It is a waiver of the EB-2 job-offer and labor-certification requirements for applicants whose work serves the national interest, measured by the three-prong Dhanasar test. It lets a qualifying professional file the immigrant petition without an employer. The applicant must still qualify under the advanced-degree or exceptional-ability basis.
It depends on the route and the applicant’s country of birth. The standard route can have a wait of close to two years for PERM certification before filing the I-140, while the national interest waiver starts with the I-140, which can be premium processed. After the I-140, the wait depends on priority date and the monthly Visa Bulletin.
Only through the national interest waiver, which allows an applicant to EB-2 self-petition with no employer and no job offer. The standard EB-2 route depends on a sponsoring employer and a permanent position, because the PERM process is built around a specific job.
Talk With Our Attorneys About the EB-2 Visa
An EB-2 case can follow one of two very different paths, and the right one depends on your field, your credentials, and whether you have an employer willing to sponsor you. Scott D. Pollock & Associates, P.C. has guided professionals and employers through employment-based green card cases for over three decades, and our attorneys can help you assess whether the standard EB-2 route or a national interest waiver fits your situation. Call 312.444.1940 or fill out our online contact form to schedule a consultation.
Read More On Employment-Based Immigration
L-1A to Green Card Procedure, EB-1 Re...
If you are working in the United States on an L-1A visa as an...
Read More
Employment-Based Immigration: Hiring ...
In today’s competitive global marketplace, hiring international talent is often critical for companies to...
Read More