EB-2 Employment-Based Immigration: Second Preference EB-2

At a Glance

Item	Details
Visa name	Employment-Based Second Preference (EB-2)
Purpose	Employment-based immigrant classification
Eligible applicants	Advanced degree professionals; exceptional ability
Stay	Permanent
Cost	See Form I-140 filing fees
Eligibility timing	Meet job requirements by priority date
Work rights	Not stated in the source
Study	Not stated in the source
Medicare	Not stated in the source
Travel facility	Not stated in the source
Citizenship	Not stated in the source
Family sponsorship	Spouse and unmarried children under 21
Visa record	Approved Form I-140 petition
Petitioner	U.S. employer, except NIW self-petition
Main form	Form I-140
Labor certification	Usually required
National Interest Waiver	Job offer and certification may be waived

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Purpose

EB-2 is an employment-based immigrant classification for:

• Members of professions holding an advanced degree or equivalent; or
• Persons with exceptional ability in the sciences, arts, or business.

Eligibility

Advanced Degree Professional

You must:

• Hold a U.S. advanced degree or foreign equivalent; or
• Hold a U.S. bachelor’s degree or foreign equivalent plus at least 5 years of progressive post-bachelor’s experience in the specialty.
• Seek a position requiring at least a bachelor’s degree or foreign equivalent for entry.
• Meet all labor-certification job requirements by the priority date.

If the position customarily requires a doctorate, provide an official academic record for a U.S. doctorate or foreign equivalent.

Evidence may include:

• Official academic records; and
• Employer letters documenting qualifying progressive experience.

The qualifying experience must occur after earning the bachelor’s degree and relate to the degree field or proposed endeavor.

Exceptional Ability

You must show expertise significantly above that ordinarily encountered in the sciences, arts, or business.

You must meet at least 3 of 6 criteria, such as:

• Relevant degree, diploma, certificate, or award;
• At least 10 years of full-time occupation experience;
• Professional license or certification;
• Salary showing exceptional ability;
• Professional-association membership; or
• Recognition for achievements and significant contributions.

Other comparable evidence may be accepted. Your exceptional ability must directly relate to the proposed endeavor.

Labor Certification

EB-2 petitions usually require a DOL-approved and signed Form ETA-9089, Application for Permanent Employment Certification.

For labor-certification applications filed on or after June 1, 2023, the petition uses an approved and signed Form ETA-9089, Final Determination – Permanent Employment Certification Approval through DOL’s FLAG system.

Schedule A Occupations

A DOL-approved labor certification is not required for Schedule A occupations. Current groups include:

• Group I: Professional nurses and physical therapists.
• Group II: Exceptional ability beneficiaries in sciences or arts, including college and university teachers and performing artists.

A Schedule A petition must include:

• Completed, uncertified Form ETA-9089;
• Applicable appendices;
• Signed Final Determination; and
• Valid prevailing wage determination tracking number in Section E, Item 1.

National Interest Waiver

A National Interest Waiver (NIW) may waive the job offer and labor-certification requirement because the endeavor is in the U.S. national interest.

NIW applicants may self-petition; an employer sponsor is not required.

The petition must include:

• Completed Form ETA-9089, Appendix A; and
• Signed Form ETA-9089, Final Determination.

NIW Requirements

USCIS evaluates all evidence under three factors:

1. Substantial merit and national importance
   Describe the specific proposed endeavor, its direct impacts, and broader implications for a field, region, or the public.
2. Well positioned to advance the endeavor
   Show relevant education, skills, knowledge, achievements, plans, progress, and support from customers, users, investors, or other entities.
3. Benefit of waiving the job offer and labor certification
   Explain why waiver would benefit the United States, including unique qualifications, economic impact, job creation, urgency, or impracticality of obtaining a labor certification.

Important NIW Warnings

• Benefits to one employer alone generally do not establish national importance.
• A national labor shortage alone does not satisfy the national-importance or waiver analysis.
• General work experience may not establish that you are well positioned for an entrepreneurial endeavor.
• A business plan or expert letter should be supported by independent evidence.
• There is no single document or factor that establishes NIW eligibility.

Letters from knowledgeable experts may be persuasive when they specifically describe achievements and are supported by independent evidence. Letters from interested U.S. government or quasi-government entities may also assist.

Application Process

1. Determine whether you qualify as an advanced degree professional or person of exceptional ability.
2. Obtain labor certification, unless seeking Schedule A designation or an NIW.
3. File Form I-140, Immigrant Petition for Alien Workers.
4. Include required evidence and applicable ETA-9089 documentation.
5. Pay the applicable Form I-140 filing fee.

A U.S. employer generally files Form I-140. NIW applicants may file Form I-140 for themselves.

Family Provisions

After Form I-140 approval, your:

• Spouse may be eligible to apply for admission in E-21 immigrant status.
• Unmarried children under age 21 may be eligible to apply for admission in E-22 immigrant status.

Key Documents

Depending on the category, evidence may include:

• Form I-140;
• Form ETA-9089 and required appendices;
• Official degree records;
• Employer experience letters;
• Professional licenses or certifications;
• Evidence of salary, memberships, awards, or recognition;
• Detailed endeavor description and supporting evidence for NIW;
• Evidence of plans, achievements, support, and progress for NIW.

Processing

Processing times are not stated in the source.