EB-2 Advanced Degree Professional

EB-2 requires a master's degree or bachelor's plus 5 years of experience; EB-3 requires a bachelor's degree or 2 years of skilled work experience. EB-2 priority dates are generally faster than EB-3, particularly for China and India-born applicants. However, EB-3 has a lower education threshold and broader applicability. If the position requirements permit, filing under EB-2 for faster priority dates is recommended. Both categories require PERM labor certification.

Yes, through the National Interest Waiver (NIW). If the applicant can demonstrate that their work has substantial merit and national importance, they are well positioned to advance the endeavor, and it is in the national interest to waive the labor certification requirement, the EB-2 NIW pathway eliminates the need for PERM and employer sponsorship. NIW permits self-petitioning and is ideal for individuals with significant academic or professional achievements. See our NIW page for details.

Visa backlogs vary by country of birth. Mainland China-born applicants currently face EB-2 wait times of approximately 2-4 years; India-born applicants may wait 5-10+ years; applicants from other countries generally have short or Current wait times (no backlog). Priority date information is updated monthly in the State Department's Visa Bulletin. The priority date is established as the PERM filing date or I-140 filing date — the earlier the priority date, the shorter the wait.

Yes. Under USCIS regulations, an applicant with a bachelor's degree plus 5 years of progressive professional experience may be deemed equivalent to holding a master's degree for EB-2 purposes. The critical element is "progressive" — the 5 years must demonstrate increasing responsibility and skill development. USCIS may require expert opinion letters or credential evaluations to establish the experience equivalency. Not all types of 5-year work experience qualify — the experience must be directly related to the position offered.

PERM stage: recruitment advertising $3,000-$8,000 (paid by employer) + attorney fees $3,000-$6,000. I-140 stage: filing fee $700 + optional Premium Processing $2,805. I-485 stage: $1,225 per person (includes EAD and Advance Parole). Total attorney fees typically range from $6,000-$15,000. PERM-related costs must be borne by the employer. If filing NIW concurrently, package discounts may be available.

Yes, but timing is important. Once the I-140 is approved and remains valid for 180 days without revocation, the priority date is locked in and preserved even with a job change. If I-485 has been filed and pending for over 180 days, AC21 permits porting to a "same or similar" position with a new employer. The new employer may need to initiate a new PERM process (unless the NIW route is used), but can use the original priority date. Consulting an attorney before changing jobs is advised.

Yes. This is a commonly used strategy known as "EB-2 Downgrade to EB-3." If the EB-2 backlog exceeds the EB-3 backlog (which occurs periodically), the applicant can have the employer file a new I-140 under the EB-3 category while retaining the original EB-2 PERM priority date. This does not require a new PERM — the employer simply files a new I-140 requesting portability of the existing PERM. However, the position requirements must align with the EB-3 category. Many applicants maintain both EB-2 and EB-3 I-140s simultaneously and use whichever priority date becomes current first.