EB-2 Green Card – Advanced Degrees & National Interest Waivers (NIW)
What is the EB-2 Green Card?
The EB-2 immigrant visa is a second-preference employment-based green card for individuals with advanced degrees or exceptional ability in the sciences, arts, or business. The EB-2 category is divided into three subcategories:
- EB-2(A): Professionals with an advanced degree or its equivalent.
- EB-2(B): Individuals with exceptional ability in their field.
- EB-2(C) (NIW – National Interest Waiver): Individuals whose work significantly benefits the United States and who qualify for a waiver of the job offer and labor certification requirements.
Unlike the EB-1 priority worker category, most EB-2 applicants require an employer sponsor who must complete the PERM labor certification process before filing an I-140 petition. However, those applying under the National Interest Waiver (NIW) do not need employer sponsorship and can self-petition.
EB-2 Advanced Degree Green Card Requirements
To qualify for the EB-2 Advanced Degree category, applicants must:
- Hold a U.S. advanced degree (master’s, Ph.D., or equivalent) or a foreign equivalent degree.
- Alternatively, hold a U.S. bachelor’s degree (or foreign equivalent) plus at least five years of progressive post-baccalaureate experience.
- Provide documentation, including official academic records and letters from employers verifying relevant work experience.
The sponsoring employer must also prove that the minimum educational requirement for the job is an advanced degree.
EB-2 Exceptional Ability Green Card Requirements
To qualify under the EB-2 Exceptional Ability category, applicants must demonstrate a level of expertise significantly above the ordinary in the sciences, arts, or business. Simply holding a degree or license is not enough.
Applicants must meet at least three of the following six USCIS criteria:
- Official academic record showing a degree, diploma, or certificate in their field.
- Letters proving at least 10 years of full-time experience in the field.
- A professional license or certification.
- Evidence of a salary that demonstrates exceptional ability.
- Membership in professional associations.
- Recognition from peers, professional organizations, or government entities for significant achievements.
If these criteria do not clearly apply, the employer may submit comparable evidence to establish exceptional ability.
EB-2 National Interest Waiver (NIW)
An EB-2 National Interest Waiver (NIW) allows applicants to bypass the PERM labor certification and job offer requirements by proving their work has substantial merit and national importance.
To qualify, applicants must meet the three-prong test established in Matter of Dhanasar:
- The proposed endeavor has substantial merit and national importance.
- The applicant is well-positioned to advance the proposed endeavor.
- Waiving the job offer and labor certification would be beneficial to the United States.
Examples of qualifying NIW cases:
- Scientists, researchers, and engineers working on cutting-edge technology or public health.
- Entrepreneurs and business professionals contributing to the U.S. economy.
- Professionals in industries critical to national security, education, or public welfare.
Since EB-2 NIW applicants can self-petition, they do not need an employer sponsor and can file Form I-140 directly with USCIS.
What is Your EB-2 Priority Date?
Your priority date is your place in line for a green card.
- If your employer-sponsored your EB-2 petition through PERM, your priority date is the date the U.S. Department of Labor received the PERM application.
- If you applied under EB-2 NIW, your priority date is the date USCIS received your I-140 petition.
You can check the monthly Visa Bulletin published by the U.S. Department of State to determine whether your priority date is current and if you are eligible to file for Adjustment of Status (Form I-485).
Annual EB-2 Green Card Quotas
Each year, 28.6% of the 140,000 employment-based green cards (approximately 40,000 visas) are reserved for EB-2 applicants, plus any unused visas from the EB-5 investor and special immigrant categories. However, applicants from certain countries (such as China and India) may experience longer wait times due to visa backlogs.
Why Choose Wang Law LLC for Your EB-2 Green Card Application?
At Wang Law LLC, we have extensive experience handling EB-2 Advanced Degree, EB-2 Exceptional Ability, and EB-2 NIW petitions. Our legal services include:
- Case Evaluation – Determining eligibility and best filing strategy.
- PERM Labor Certification Support – Assisting employer-sponsored applicants through the PERM process.
- EB-2 NIW Self-Petition Preparation – Preparing strong petitions that meet USCIS criteria.
- I-140 Petition Filing – Drafting and submitting the required evidence.
- Adjustment of Status & Consular Processing – Guiding clients through green card processing.
Contact Wang Law LLC for EB-2 Green Card Assistance
If you are seeking a U.S. green card under the EB-2 category, our experienced immigration attorneys are ready to help.
- Law Firm Name: Wang Law LLC (大为律师事务所)
- Phone: +1 (708) 906-6999
- Email: david@wanglaw.com
- Website: www.wanglaw.com
- Office Locations: Chicago, IL | Toronto, Canada | Montreal, Canada
Schedule a consultation with Wang Law LLC today and let us help you secure your EB-2 green card.