OUR IMMIGRATION SERVICESEB-2A: Advanced Degree Visa
EB-2A (Advanced Degree): how the category works and what is actually scrutinized in the file
EB-2A is the “advanced degree” pathway within the second employment-based preference, where success depends on job requirements and verifiable eligibility—not publicity. In the standard employer-sponsored route, the employer offers a position that legitimately requires a master’s/PhD (or the equivalent “bachelor’s + 5 years of progressive experience”), completes the required labor market stage (PERM), and then files Form I-140 with USCIS. In real adjudication, the focus is whether the position is defined consistently (job duties → PERM requirements → ETA-9089 → I-140), whether the beneficiary’s education and experience are documented with primary evidence (transcripts, evaluations, experience letters), and whether the employer can prove its financial ability to pay the offered wage (ability to pay) from the required date. It’s also essential to set expectations correctly: EB-2A is not a “fast visa because you have a degree.” Timelines depend on PERM and I-140 processing, the beneficiary’s country of chargeability, and visa availability under the Visa Bulletin.
EB-2A in brief: what matters most
It’s not about “having a diploma.” The position must legitimately require an advanced degree—and your evidence must match that requirement.
PWD/recruitment/ETA-9089 mistakes can trigger audits, delays, or force a restart—even when the beneficiary is clearly qualified.
Premium processing may speed up USCIS’s I-140 decision, but it does not eliminate PERM timelines or visa-availability waits.
Most common RFEs: weak experience letters, incomplete/incorrect foreign degree evaluation, and mismatches between PERM requirements and evidence.
Most common “stress test”: the employer’s ability to pay—proving the offered wage can be paid from the required date.
EB-2A vs other EB-2 options: avoid mixing standards
This page focuses on EB-2A (Advanced Degree): the employer runs PERM, the job requires an advanced degree in a market-consistent way, and the beneficiary proves the required education/equivalent and experience so that the evidence “fits” ETA-9089. Within EB-2, you may also see cases built as “Exceptional Ability” (often informally called EB-2B) and NIW, but the logic and core proofs differ.
- The position legitimately requires a master’s/PhD or “bachelor’s + 5 years progressive experience.”
- Critical: experience letters and education must match ETA-9089 requirements.
- PERM is generally mandatory in the classic EB-2A path.
- Assessed through a bundle of indicators showing a level above the norm in the profession.
- If employer-sponsored, PERM compliance usually remains the controlling factor.
- Not the same as EB-1A—different threshold and structure of proof.
- No PERM; self-petition is often possible.
- Evidence logic centers on national importance and waiver justification.
- Not a “simplified EB-2A”—it’s a different strategy.
| Route | Who it fits | Employer / PERM | What is commonly scrutinized |
|---|---|---|---|
| EB-2A | Advanced degree or “BA + 5 years progressive experience” aligned to the job’s requirements | Employer typically required; PERM required | ETA-9089 alignment, experience letters, degree evaluation, ability to pay |
| EB-2 (Exceptional Ability) | Documented above-average professional level (science/business/arts) | Often employer + PERM | Criteria bundle + PERM compliance |
| NIW | Work/project with national importance plus waiver justification | PERM not required | National interest, work plan, achievements, waiver logic |
For EB-2A, the strongest files are built on consistency: job requirements → PERM → beneficiary evidence must align without contradictions.
EB-2A process step-by-step: who does what and what agencies review
In employer-sponsored EB-2A, the “market” stage comes first (PWD and PERM), then the immigration stage (I-140), and only then the green card stage (I-485 in the U.S. or DS-260 abroad)—when a visa number is available under the Visa Bulletin.
Prevailing Wage
level / wage
Recruiting + ETA-9089
DOL compliance
USCIS: EB-2A
+ ability to pay
Green Card stage
when visa is available
- PWD: correct SOC, duties, location, and wage level.
- PERM: recruitment steps and timing; requirements must be market-consistent.
- I-140: advanced degree/equivalent + employer’s ability to pay.
- I-485/DS-260: visa availability + family documents and admissibility.
- PERM requirements don’t match what experience letters actually prove.
- Foreign education is not evaluated, or the evaluation doesn’t meet the needed equivalency.
- Ability to pay is under-prepared (common for smaller or fast-changing companies).
- Recruitment procedural mistakes and missed PERM timelines.
| Stage | Who leads | What is reviewed | Typical risks |
|---|---|---|---|
| PWD | Employer / immigration team | SOC, duties, location, wage level | Duty/level mismatch; incorrect job framing |
| PERM | Employer (DOL) | Recruitment compliance and ETA-9089 | Audit, ad/timing errors, inconsistent requirements |
| I-140 | Employer (USCIS) | EB-2A qualification; ability to pay | RFE on experience/evaluation; employer financial questions |
| I-485 / DS-260 | Beneficiary (USCIS/consulate) | Visa availability; admissibility; family documentation | Visa Bulletin wait; civil document errors |
EB-2A evidence: what must be “bulletproof”
Employer-sponsored EB-2A is won with consistency, not a polished résumé. The most common structural weakness is a gap between PERM requirements (ETA-9089) and what the beneficiary’s documents actually prove. A second recurring risk is the employer’s ability to pay the offered wage.
- Degree and transcripts for the master’s/PhD.
- For foreign education: a professional equivalency evaluation to a U.S. degree.
- Consistent translations and consistent spelling of names/dates across all documents.
- Dates, titles, employment type, duties, and tools/areas.
- Direct mapping to ETA-9089 requirements (years + specific tasks).
- For “BA + 5 years”: clear indicators of progressive experience.
- Job requirements must be market-consistent and business-logical.
- Job description ↔ PERM ↔ letters ↔ résumé should match.
- Contradictions are a common trigger for RFEs and delays.
- USCIS evaluates whether the employer can pay from the required date.
- Risk increases with unstable financials, restructures, or rapid growth.
- Earlier preparation of the financial story reduces “bottlenecks.”
- Generic experience letters missing duties, dates, hours, and progressive nature.
- Foreign degree evaluation that doesn’t support the needed equivalency.
- PERM requirements that look tailored to the beneficiary or inconsistent with the market.
- Ability-to-pay concerns (especially in smaller or fast-changing companies).
Timing, queue, and “acceleration” in EB-2A
In EB-2A, separate agency processing time (DOL/USCIS) from visa availability (Visa Bulletin). Even after I-140 approval, the green card stage can proceed only when your priority date becomes current for your category and country of chargeability.
In the PERM-based path, the priority date is typically tied to the PERM filing (ETA-9089) and is compared to the Visa Bulletin dates.
Differences between countries reflect quotas and demand. This is not a measure of the beneficiary’s “strength,” but of visa-number availability.
Usually applies to I-140 adjudication. It does not eliminate PERM timelines or Visa Bulletin waits.
What EB-2A costs typically include
- DOL: PWD, recruitment, PERM file preparation and ETA-9089 filing.
- USCIS: I-140 and (if used) premium processing; evidence preparation for eligibility and ability to pay.
- Green card stage: I-485 or DS-260, medical exam, family documents.
- Supporting items: translations, degree evaluation, experience documentation, civil records.
Official sources (short)
- USCIS.gov — forms, instructions, and requirements for I-140/I-485.
- Travel.State.Gov — Visa Bulletin, DS-260, and consular processing guidance.
- DOL.gov — PWD/PERM and labor certification rules.
Answers to common EB-2A questions
Consultation and case evaluation for EB-2A
If you are considering EB-2A (Advanced Degree) or deciding between EB-2A and NIW, a short case evaluation is a practical first step: confirm that the position legitimately requires an advanced degree, check how your experience is documented, and identify the most likely RFE risk points.
Best if you are filing from the U.S. or already in the U.S. and want to map PERM/I-140/I-485 and status/queue risks.
Go to evaluation (USA)Best if you plan consular processing (DS-260) and want to align documents for PERM/I-140 and interview readiness.
Go to evaluation (non-USA)
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