EB-2 Advanced Degree / National Interest Waiver Visa
Employment-based second preference immigrant visa for professionals with advanced degrees or exceptional ability, including the National Interest Waiver (NIW) pathway.
~40,000
Annual Cap
No employer needed
NIW Self-Petition
Waived for NIW
Labor Certification
What is the EB-2 Visa?
The EB-2 visa is an employment-based immigrant visa for foreign nationals who hold an advanced degree (master's or higher) or demonstrate exceptional ability in their field. A key advantage of the EB-2 category is the National Interest Waiver (NIW), which allows qualified individuals to self-petition without an employer sponsor or labor certification by demonstrating that their work benefits the United States. The NIW has become increasingly popular among researchers, entrepreneurs, and skilled professionals.
Eligibility Requirements
Application Process
For standard EB-2: employer obtains PERM labor certification through the Department of Labor
For NIW: prepare a detailed petition demonstrating national interest under the Matter of Dhanasar framework
File Form I-140 petition with USCIS with supporting evidence
Upon approval and visa number availability, file I-485 or go through consular processing
Attend interview and receive Green Card upon approval
Duration of Stay
Permanent residency (Green Card)
Frequently Asked Questions
QWhat is the National Interest Waiver (NIW)?
The NIW allows EB-2 applicants to bypass the requirement for employer sponsorship and labor certification by proving that their work is in the national interest of the United States. Under the Matter of Dhanasar framework, applicants must show their proposed endeavor has substantial merit and national importance, they are well-positioned to advance it, and on balance it would benefit the U.S. to waive the job offer requirement.
QWhat is the difference between EB-2 and EB-3?
EB-2 requires an advanced degree or exceptional ability, while EB-3 covers skilled workers with at least 2 years of experience and professionals with a bachelor's degree. EB-2 generally has shorter wait times and offers the NIW self-petition option. EB-3 requires PERM labor certification in all cases.
QCan entrepreneurs qualify for the EB-2 NIW?
Yes, entrepreneurs can qualify for the EB-2 NIW if they can demonstrate that their business endeavor has substantial merit and national importance, such as creating jobs, driving innovation, or contributing to the U.S. economy. Strong evidence of the venture's potential impact and the entrepreneur's qualifications is essential.
Related Visa Types
EB-1 Extraordinary Ability / Employment First Preference Visa
Employment-based first preference immigrant visa for individuals with extraordinary ability, outstanding professors and researchers, or multinational managers and executives.
EB-3 Skilled Workers / Professionals Visa
Employment-based third preference immigrant visa for skilled workers with at least two years of experience, professionals with bachelor's degrees, and other workers.
U.S. Permanent Resident Card
Permanent residency in the United States, granting the right to live and work permanently.
H-1B Specialty Occupation Visa
Work visa for professionals in specialty occupations requiring a bachelor's degree or higher.
Related Immigration Forms
Immigrant Petition for Alien Workers
Filed by U.S. employers to petition for a foreign worker to become a lawful permanent resident based on an employment-based immigrant visa category.
Application to Register Permanent Residence or Adjust Status
Filed by individuals already in the U.S. to adjust their status to permanent resident (Green Card).
Application for Employment Authorization
Filed to request an Employment Authorization Document (EAD) for work permission in the U.S.
Application for Travel Document
Used to apply for a reentry permit, refugee travel document, or advance parole.
Hold an advanced degree or have exceptional ability?
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