EB-2 targets professionals with an advanced degree (or its equivalent) or exceptional ability in the sciences, arts, or business. It provides a path to permanent residency for talent whose work benefits the U.S. economy and society.
Who qualifies: U.S. master’s+ (or foreign equivalent) or U.S. bachelor’s (+ foreign equivalent) plus 5+ years progressive post-bacc experience.
Who qualifies: Expertise well above that ordinarily possessed in the field.
NIW lets qualified EB-2 applicants bypass PERM and the job-offer requirement and self-petition.
The employer offers a permanent, full-time role and completes PERM recruitment/certification (via the FLAG portal). After PERM, file I-140 with ability-to-pay evidence from the priority date. When the category is current in the Visa Bulletin, file I-485 (AOS) or proceed with consular processing (CP/DS-260). The medical exam I-693 is submitted at the AOS stage (initially or later).
Premium Processing (I-907) is available for I-140. When dates are current, concurrent filing of I-140 + I-485 is possible, with eligibility for I-765 (EAD) and I-131 (Advance Parole).
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. The I-693 is provided at AOS.
Premium Processing is available for NIW I-140. If visa dates are current, concurrent filing (I-140 + I-485) is an option, including EAD/AP. CP uses DS-260 and a consular interview.
All in one place: NIW attachments for I-140, Premium Processing timelines, the I-693 rule with I-485, and when I-864 is required in EB cases.
Match the eligibility pathway and file a complete, well-organized record.
Premium Processing clocks run on business days: 15 business days for most I-140s; 45 business days for E21 NIW and E13.
Challenge: Mixing EB-1A “extraordinary ability” with EB-2 “exceptional ability.”
Solution: Apply EB-2 standards; for NIW, tie evidence to the Dhanasar prongs, not EB-1A criteria.
Challenge: PWD delays and recruitment errors can derail PERM or trigger audits.
Solution: Start PWD early; keep audit-ready logs/screenshots/ads/tear sheets; calendar all PERM windows.
Challenge: Financials don’t clearly show capacity from the priority date onward.
Solution: Provide primary evidence (tax return, audited financials, annual report) + payroll/GL extracts; explain YoY variances.
Challenge: Foreign degrees and “5 years progressive” are weakly documented; same-employer experience may not qualify.
Solution: Obtain independent credentials evaluations; secure detailed letters (duties, dates, hours, progression); show substantially different duties if experience is with the same employer.
Challenge: Vague “national importance” or weak link from past results to future U.S. impact.
Solution: Provide a U.S.-centric plan, adoption/impact metrics, third-party validation (grants, contracts, deployments), and expert letters tied to outcomes.
Challenge: Filing I-140 with medical/police docs or mis-timing I-485 during Visa Bulletin retrogression.
Solution: File I-693 with/after I-485; obtain police certificates only for consular processing; track priority dates monthly and plan windows.
Challenge: Name/date inconsistencies trigger RFEs.
Solution: Pre-file QC checklist; consistent transliteration; certified translations; page-numbered exhibit index.
Solution: Experienced counsel helps structure evidence, forecast timelines, and pre-empt RFEs with audit-grade documentation.
| 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). | 15 business days (standard EB-2); 45 business days (NIW). | 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; large quota; 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.
Arvian Law Firm LLC
Vitalii Maliuk,
ATTORNEY AT LAW (МО № 73573)
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