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Our Services · Employment-Based Immigration

EB-2 Visa

A U.S. employment-based second-preference category for qualifying professionals with advanced degrees and individuals of exceptional ability, with a National Interest Waiver available for qualifying cases.

Employment-Based Advanced Degree Exceptional Ability NIW Pathway
EB-2 Overview

A Pathway for Qualified Professionals

EB-2 is an employment-based second-preference immigrant category available to qualifying members of the professions holding advanced degrees and individuals of exceptional ability in the sciences, arts, or business.

For the standard EB-2 route, the immigration process generally involves a qualifying U.S. job offer and labor certification. Certain applicants may instead seek a National Interest Waiver, which can waive the job-offer and labor-certification requirements when the applicable standard is met.

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Professional consultation
Your Profile. Your Route. Start by reviewing your qualifications, experience and immigration goals.
Who It's For

Which EB-2 Profile Fits Your Goals?

EB-2 has two underlying qualification routes, and some qualifying applicants may also seek a National Interest Waiver.

AD

Advanced Degree Professionals

For qualifying professionals who hold a U.S. advanced degree or foreign equivalent, or a qualifying U.S. bachelor's degree or foreign equivalent followed by at least five years of progressive post-baccalaureate experience in the specialty.

EA

Individuals of Exceptional Ability

For individuals in the sciences, arts, or business who can demonstrate expertise significantly above that ordinarily encountered in their field and meet the applicable evidence requirements.

EB-2 Pathways

Understand Your Route

The underlying EB-2 classification and the National Interest Waiver should be understood separately.

PATH 01

Advanced Degree

Qualifying members of the professions who meet the applicable advanced-degree standard.

  • U.S. advanced degree or foreign equivalent
  • Or qualifying bachelor's degree + 5 years progressive experience
  • Offered position must meet applicable requirements
PATH 02

Exceptional Ability

Individuals with expertise significantly above that ordinarily encountered in the sciences, arts, or business.

  • Applicable regulatory evidence categories
  • Evidence must support exceptional ability
  • Overall record is considered by USCIS
OPTION 03

National Interest Waiver

A discretionary waiver within EB-2 that may waive the job-offer and labor-certification requirements.

  • First qualify for the underlying EB-2 category
  • Meet the applicable national-interest framework
  • Can be petitioned by the applicant
Key Requirements

What Should You Prepare?

The evidence depends on the route you are pursuing and the facts of your individual case.

Areas to Review

  • Academic degrees and foreign-equivalency evidence
  • Progressive professional experience
  • Job duties and specialty alignment
  • Professional licenses or credentials where relevant
  • Evidence of exceptional ability where applicable
  • Proposed U.S. employment or endeavor

Important Distinctions

  • EB-2 eligibility is not the same as NIW eligibility.
  • NIW is discretionary and requires an additional showing.
  • Meeting a minimum evidence threshold does not by itself guarantee approval.
  • Current government requirements should be checked before filing.
National Interest Waiver

Could the National Interest Waiver Be Relevant?

An NIW is not a separate EB-2 visa category. It is a discretionary waiver within EB-2 that may waive the job-offer and labor-certification requirements when the applicant first qualifies for EB-2 and then establishes the applicable national-interest standard.

USCIS uses the Dhanasar framework for NIW adjudication: substantial merit and national importance of the proposed endeavor, being well positioned to advance that endeavor, and showing that, on balance, the United States would benefit from waiving the job-offer and labor-certification requirements.

Discuss an NIW Profile →
01 · Substantial Merit & National Importance The proposed endeavor must have substantial merit and national importance.
02 · Well Positioned The evidence should show that the individual is well positioned to advance the proposed endeavor.
03 · Benefit of Waiver On balance, the evidence must support waiving the job-offer and labor-certification requirements.
Evidence & Documentation

Present the Evidence Clearly

A strong EB-2 presentation connects your qualifications, professional history and proposed U.S. work to the requirements of the specific classification you are pursuing.

Discuss Your Evidence →
Academic Credentials Degrees, transcripts and qualifying equivalency evidence.
Professional Experience Relevant experience and progression in the specialty.
Employment Evidence Job duties, position requirements and employer documentation where applicable.
Exceptional Ability Evidence Applicable regulatory evidence and supporting documentation.
Proposed Endeavor Especially important when evaluating an NIW request.
Professional Impact Relevant accomplishments, recognition and track record.
The Process

A Clearer Way to Move Forward

Start with your profile, identify the appropriate route, and organize the evidence around that route.

01

Initial Assessment

Review qualifications and immigration goals.

02

Category Review

Identify the relevant EB-2 qualification route.

03

Evidence Strategy

Organize documents around the case requirements.

04

Petition Support

Coordinate the relevant filing process.

05

Ongoing Guidance

Continue support through the next stages.

Frequently Asked Questions

EB-2 Questions Applicants Often Ask

General information about the EB-2 classification and National Interest Waiver.

What is the EB-2 visa category?
EB-2 is an employment-based second-preference immigrant category for qualifying members of the professions holding advanced degrees and individuals of exceptional ability in the sciences, arts, or business.
What counts as an advanced degree for EB-2?
An advanced degree generally means a U.S. academic or professional degree, or foreign equivalent degree, above a bachelor's degree. A U.S. bachelor's degree or foreign equivalent followed by at least five years of progressive experience in the specialty can also qualify as the equivalent of an advanced degree under the applicable rules.
What is exceptional ability under EB-2?
Exceptional ability means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. Applicants must provide the evidence required under the applicable regulations, and satisfying a minimum number of criteria does not by itself guarantee eligibility.
Is NIW a separate visa category?
No. A National Interest Waiver is a waiver within the EB-2 classification. The applicant must first qualify for the underlying EB-2 category and then establish the requirements for the discretionary waiver.
Does NIW require a job offer?
An approved National Interest Waiver can waive the EB-2 job-offer and labor-certification requirements when the applicable standard is met. NIW petitions can be filed by the applicant on their own behalf.
What are the three NIW factors?
USCIS uses the Dhanasar framework, which considers whether the proposed endeavor has substantial merit and national importance, whether the individual is well positioned to advance the endeavor, and whether, on balance, the United States would benefit from waiving the job-offer and labor-certification requirements.
Does meeting three exceptional-ability criteria guarantee approval?
No. USCIS explains that meeting the required initial evidence criteria does not, by itself, establish eligibility. The overall record is then considered under the applicable adjudicative standards.
Which EB-2 route may be relevant to me?
That depends on your education, professional experience, field, achievements, employment situation and—where an NIW is considered— the nature of your proposed U.S. endeavor. An individual assessment is the appropriate way to evaluate the possible route.
Take the Next Step

Let’s Discuss Your EB-2 Options

Share your basic information and tell us about your education, professional experience, employment situation, or proposed endeavor.

  • Personalized initial communication
  • EB-2 route discussion
  • NIW profile discussion where relevant
  • Confidential inquiry process

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    This page provides general information about EB-2 immigration and is not legal advice, an eligibility determination, or a guarantee of approval. Immigration rules, forms, filing procedures, fees, visa availability, and government guidance may change. Applicants should verify current requirements with official U.S. government sources and obtain qualified legal advice where appropriate.

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