EB-2 is an immigration pathway designed for professionals with a master's degree or higher, or exceptional ability, to obtain a green card through sponsorship by a U.S. employer. Applicants who qualify for a National Interest Waiver (NIW) may even be exempted from the work offer requirement.

[___Content overview]

1. What is EB-2?
2. The three main advantages of EB-2
3. The three main EB-2 categories and requirements
4. Step-by-step details of the application process
5. List of materials required

I. What is EB-2?

EB-2 belongs to the second preference category for professional immigrants, with an annual quota of about 28.61 TP3T (about 40,000) of the total number of professional immigrants. It is divided into three categories:

• EB2-A: Highly Educated Personnel (Master's Degree and above, or Bachelor's Degree + 5 years of relevant work experience)
• EB2-B: Persons of Exceptional Talent (in the fields of science, arts, business)
• EB2-C: National Interest Waiver (NIW)

Important rules:

• Applicants from each country may not exceed 7% of the total quota (Chinese and Indian applicants often face scheduling)
• Can apply at any time throughout the year (no lottery mechanism similar to H-1B)

II. Three Major Advantages of EB-2

1. Green card in one step

• Simultaneous acquisition of permanent residency for the whole family (spouse and children under 21 years of age)
• U.S. public education for children and work authorization for spouses

2. Relatively fast process

Faster category of regular professional immigration (exact time depends on nationality and scheduling)

3. Exemption from labor certification and employer sponsorship for the NIW category

Only EB2-C (NIW) is allowed to self-petition without employer support

III. The Three Major Categories and Requirements for EB-2

EB2-A (highly educated persons)

Academic Requirements:

• U.S. or foreign master's/doctoral degree, or
• Bachelor's Degree + 5 years of progressive work experience (required to demonstrate position complexity advancement)

Position Requirements:

• Full-time job offers from U.S. employers
• The position must be related to the applicant's area of specialization

EB2-B (Exceptional Talent)

At least 3 of the following 7 items need to be met:

• Proof of official qualifications in relevant fields
• 10+ years of full-time experience
• License to practice or professional certification
• High salary (proof of outstanding ability)
• Membership in professional associations
• Industry expert endorsements (e.g., letters of recommendation, awards)
• Other comparable evidence

*Additional requirements:

• U.S. Employer Sponsorship
• The work needs to be in the applicant's area of special talent

EB2-C (National Interest Waiver NIW)

• Demonstration of competence: same as EB2-B (need to meet the 3 out of 7 criteria)
• Core difference:
• No employer offer is required, you can apply on your own
• Demonstrate that the applicant will bring national-level benefits to the U.S. (e.g., advance scientific research, economic development, etc.)
• Exempt Labor Certification (PERM) Process

IV. EB-2 Application Process

Step 1: Labor Certification (PERM) Approval (EB2-A/B only)

Employer files Form ETA-9089 with the Department of Labor

Key Steps::

1. Obtaining Prevailing Wage Determination

2. Conducting recruitment campaigns (to be included):

• 30-Day Job Posting at State Workforce Agencies (SWA)
• 2 Sunday newspaper advertisements (or 1 newspaper + specialized journal)
• 3 additional recruitment channels (e.g. job boards, campus recruiting, etc.)

3. Certify that no qualified United States employees have applied for employment

Step 2: Filing the I-140 Immigrant Petition

• Employers (or NIW applicants on their own) file Immigrant Petition for Alien Worker with USCIS
• Expedited processing: Pay an expedited fee and get approval within 15 days

Step 3: Adjustment of status or consular processing

• Adjustment of Status in the U.S. (I-485): for persons lawfully present in the U.S.
• Overseas Consular Processing (DS-260): Interview required at embassy or consulate

V. List of materials required

Personal credentials:

• Academic certificates, transcripts (non-English with certified translation)
• Proof of work experience (letters of reference from previous employers)
• Evidence of special talents (awards, patents, publications, expert references, etc.)

Employer Documentation (EB2-A/B):

• Job offer letter
• Company hiring records (to prove that no U.S. employees meet the requirements)

NIW Supplement (EB2-C):

• National interest justification reports (e.g., impact of research results on U.S. healthcare, energy, etc.)