EB-2 is for advanced-degree professionals or those with exceptional ability. NIW is an EB-2 option that may waive the job offer and PERM when the proposed work benefits the United States.
| Aspect | Standard EB-2 | EB-2 NIW |
|---|---|---|
| PERM labor certification | Usually required | Waived |
| Job offer | Usually required | Not required (self-petition) |
| Who files Form I-140 | Employer | Beneficiary |
Two common paths: employer-sponsored EB-2 (PERM) and EB-2 NIW (self-petition). Steps below show the typical sequence; timing depends on Visa Bulletin availability and case specifics.
The employer offers a permanent, full-time role and completes PERM (prevailing wage + recruitment + ETA-9089 filing in FLAG). After PERM, file Form I-140 with ability-to-pay evidence from the priority date. When the category is current, file I-485 (Adjustment of Status) or proceed with Consular Processing (DS-260).
File I-140 (NIW) as a self-petitioner by meeting the three Dhanasar prongs. No job offer or PERM is required. The I-140 sets the priority date; then follow the Visa Bulletin and file I-485 (AOS) or pursue CP (DS-260).
All in one place: NIW filing attachments for I-140, Premium Processing business-day clocks, the I-693 intake rule with I-485, and when Form I-864 can apply in employment-based cases.
Match the correct eligibility pathway and file a complete, well-organized record that is consistent, readable, and easy to audit.
Challenge: Mixing EB-1A “extraordinary ability” with EB-2 “exceptional ability.”
Solution: Apply EB-2 standards; for NIW, map evidence to Dhanasar (impact + positioning + balance), not EB-1A criteria.
Challenge: PWD delays and recruitment errors derail PERM or trigger audits.
Solution: Start PWD early; keep audit-ready logs (ads, screenshots, tear sheets); calendar all recruitment windows.
Challenge: Financials do not clearly show ability to pay from the priority date onward.
Solution: Provide primary evidence (tax return/audited financials/annual report) + payroll and clear explanations for year-to-year variances.
Challenge: Weak proof of “5 years progressive” experience or unclear foreign degree equivalency; same-employer experience issues.
Solution: Credential evaluation + detailed letters (duties/dates/hours/progression). If same employer, show materially different duties and progression.
Challenge: Vague “national importance” and a weak bridge from past results to future U.S. impact.
Solution: Add a U.S.-centric plan, measurable adoption/impact, third-party validation, and expert letters tied to outcomes.
Challenge: Mis-timing I-485 during retrogression or mixing AOS/CP documents into the wrong stage.
Solution: Track the Visa Bulletin monthly and keep stage-specific packets. Follow current USCIS instructions on I-693 timing for AOS and consular instructions for CP.
Challenge: Name/date inconsistencies trigger RFEs and delays.
Solution: Pre-file QC checklist, consistent transliteration, certified translations, and a page-numbered exhibit index.
Solution: Counsel helps structure evidence, forecast timing windows, and reduce RFE risk via audit-grade documentation and arguments.
Approval-focused, audit-grade structure
We build EB-2/NIW filings with clear evidence mapping, exhibit indexing, and proactive RFE risk controls.
End-to-end case management
From eligibility and PERM/NIW strategy to I-140, Visa Bulletin tracking, and I-485 or consular stages.
Responsive, same-day replies
Clear answers via email, messengers, or phone — so you always know the next step and timeline.
Integrity & transparent fees
Honest evaluations, clear scope, and predictable pricing — no surprises, just reliable guidance.
Attorney-led strategy & review
Senior attorney review of eligibility, evidence positioning, and cover-letter arguments for each filing.
Bilingual client support
English/Russian/Ukrainian communication and practical guidance on certified translations and document prep.
Ready to map your best EB pathway and timeline?
Book a consultation| Criteria | EB-1 | EB-2 | EB-3 |
|---|---|---|---|
| Who qualifies | EB-1A extraordinary ability; EB-1B outstanding professor/researcher; EB-1C multinational manager/executive. | Advanced degree (master’s+ or bachelor’s + 5 yrs progressive) or exceptional ability; includes NIW. | Professionals (bachelor’s), skilled workers (2+ yrs), other workers (<2 yrs). |
| Job offer | EB-1A: No; EB-1B/EB-1C: Yes. | Standard EB-2: Yes; NIW: No (self-petition). | Yes (U.S. employer). |
| PERM labor certification | Not required. | NIW: Not required; Standard EB-2: Required. | Required (except Schedule A occupations). |
| Self-petition | EB-1A only. | NIW only. | No. |
| I-140 Premium Processing | 15 business days (EB-1A/EB-1B); 45 business days (EB-1C / E13). | 15 business days (standard EB-2); 45 business days (NIW / E21). | 15 business days (most EB-3). |
| Visa Bulletin | Often current for many countries; check monthly. | Subject to retrogression in some countries; check monthly. | Higher retrogression risk; check monthly. |
| Advantages | Highest priority, no PERM, EB-1A self-petition. | Lower bar than EB-1; NIW enables self-petition; fits advanced professionals. | Broad coverage; clear employer-sponsored path. |
| Family eligibility | Spouse and unmarried children <21 are eligible for immigrant status in all categories. | ||
| Best for (quick hint) | Top researchers, founders/creatives, senior intl. managers. | Advanced-degree specialists, NIW endeavors with broad U.S. benefit. | Employer-sponsored skilled & professional roles across industries. |
EB-2A is for professionals with advanced degrees (Master’s or Bachelor’s with 5 years of progressive experience), while EB-2B is for individuals who demonstrate extraordinary ability in their field, such as the sciences, arts, or business.
Applicants whose work is of national importance, such as significant contributions to U.S. science, technology, health, or the economy, and who can justify waiving the labor certification and job offer requirements.
Processing times vary depending on the USCIS workload, the applicant’s country of birth (due to visa caps), and whether a labor certification is required. Typically, it can take anywhere from 12 months to several years.
Yes, if you qualify for the National Interest Waiver (NIW), you can file a self-petition without a job offer or employer sponsorship.
Evidence may include publications, awards, patents, professional references, high salaries, or other evidence of recognition and significant contributions in the field.
An RFE is a request for additional documentation to clarify or support your application. Working with an experienced attorney can help you respond effectively to RFEs and strengthen your case.
Yes, your spouse and unmarried children under the age of 21 may apply for derivative visas. Your spouse may also be eligible for an Employment Authorization Document (EAD).
If you are located in the US, please feel free to contact us with any questions or concerns you may have. We look forward to helping you.
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Vitalii Maliuk,
ATTORNEY AT LAW (МО № 73573)
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