EB-2 in 2024–2025: what it is, who qualifies, and how to build a strong case
The Employment-Based Second Preference (EB-2) is an immigrant category intended for foreign nationals who either hold an advanced degree (or a bachelor’s degree followed by at least five years of progressively responsible experience) or who can demonstrate exceptional ability in the sciences, arts, or business. A distinct pathway within EB-2 is the National Interest Waiver (NIW), which allows a waiver of both the permanent labor certification and the job offer requirement when the applicant’s proposed work has substantial merit and national importance for the United States and the applicant is well positioned to advance that work.
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EB-2 sub-categories
- EB-2(A) Advanced Degree: a master’s degree or doctorate (or the foreign equivalent), or a bachelor’s degree plus five years of progressively responsible experience in the field.
- EB-2(B) Exceptional Ability: a level of expertise significantly above that ordinarily encountered, evidenced by national or international recognition, memberships, publications, patents, awards, major contributions, and similar indicators.
- EB-2 NIW: the National Interest Waiver, which removes the job offer and PERM requirements if three elements are met: (1) the proposed endeavor has substantial merit and national importance, (2) the applicant is well positioned to advance the endeavor, and (3) on balance it would be beneficial to the United States to waive the job offer and PERM.
What changed in 2024–2025
- Filing fees and forms. United States Citizenship and Immigration Services modernized the fee structure in 2024 and continues to update the public fee pages and the G-1055 fee list in 2025. Always confirm the payable amount on the day you ship a filing.
- Premium Processing. Most Form I-140 immigrant petitions, including EB-2, are eligible for Premium Processing via Form I-907 with a separate fee. The service is optional and can shorten adjudication at the petition stage.
- NIW clarifications. Guidance emphasized that a petitioner must first qualify under EB-2 (advanced degree or exceptional ability) and then fully satisfy the three-prong NIW framework with consistent, decision-grade evidence.
- Visa Bulletin movement. Cut-off dates can retrogress or advance monthly. Applicants from countries with heavy demand should plan with buffers and consider alternative strategies where appropriate.
Typical applicant profiles
- Engineers, information technology professionals, health-care practitioners, scientists, and product or research-and-development managers with graduate education and demonstrable impact.
- Founders and domain experts whose NIW projects can produce measurable public benefit in the United States across the economy, public health, infrastructure, national security, or other nationally important areas.
Two process routes
Route 1 — PERM: the employer secures a prevailing wage determination, conducts recruitment, files ETA-9089 (PERM), then files I-140. When a visa number is available, the applicant proceeds with I-485 Adjustment of Status or consular processing.
Route 2 — NIW: the applicant self-petitions I-140 (EB-2 NIW) with a complete package of evidence addressing all three elements; there is no labor certification and no job offer requirement. When a visa number is available, the applicant files I-485 or pursues consular processing.
Advantages of EB-2
- A permanent residence pathway for the principal applicant and qualifying family members.
- Career flexibility after obtaining permanent residence, including entrepreneurship, inter-company mobility, and leadership roles.
- For NIW, less dependence on an individual employer and earlier ability to start a nationally important initiative.
How to read the Visa Bulletin and plan a realistic timeline
The United States Department of State releases the Visa Bulletin every month with Final Action Dates and Dates for Filing. If your priority date is earlier than the applicable cut-off, a final decision can be issued; for Adjustment of Status, the United States Citizenship and Immigration Services announces which chart is in use in that month. During retrogression you can still file Form I-140 (and optionally request Premium Processing), then file Form I-485 or proceed with consular processing when the date becomes current.
PERM versus NIW: essential differences
| Criterion | EB-2 via PERM | EB-2 National Interest Waiver |
|---|---|---|
| Employer involvement | A bona fide job offer is required; the employer conducts prevailing wage, recruitment, and files Form ETA-9089. | No job offer is required; the applicant self-petitions Form I-140 with a complete NIW package. |
| Labor certification | Mandatory permanent labor certification (PERM) through the Department of Labor. | Waived by the National Interest Waiver. |
| Core evidence | Minimum job requirements, business necessity, unavailability of qualified U.S. workers, and the applicant’s qualifications. | Substantial merit and national importance, the applicant’s positioning to advance the endeavor, and a favorable balance to waive PERM and the job offer. |
| Timeline control | Heavily dependent on the Department of Labor steps and the United States Citizenship and Immigration Services adjudication. | More under the applicant’s control because there is no recruitment sequence. |
| Best fit | There is a willing United States employer and a clearly defined position in the United States. | The applicant leads a project or research with measurable nationwide impact that benefits the United States. |
EB-2 compared with EB-1 and H-1B
| Characteristic | EB-2 | EB-1 | H-1B |
|---|---|---|---|
| Status type | Immigrant (permanent residence). | Immigrant (permanent residence). | Nonimmigrant (temporary). |
| Primary threshold | Advanced Degree or Exceptional Ability; NIW requires the three-element analysis. | Extraordinary ability, outstanding professor or researcher, or certain multinational managers and executives. | Specialty occupation requiring at least a bachelor’s degree or equivalent. |
| Job offer or sponsor | Usually required except when using NIW. | Not required for extraordinary ability; required for other EB-1 sub-types. | Always required. |
| Premium Processing | Available for most Form I-140 filings (verify current eligibility). | Available for Form I-140. | Available for Form I-129 (H-1B). |
Chart: indicative timeline of stages (assuming no retrogression)
Document checklist and evidentiary strategy
- Education and qualification: degree certificates, official evaluations of foreign degrees when applicable, and a clear explanation of how the field of study aligns with the offered role or proposed endeavor.
- Experience: detailed letters on company letterhead confirming roles, duties, dates, and remuneration; for the bachelor’s degree plus five years route, the evidence must show progressively responsible duties.
- Achievements and impact: publications, citation metrics, patents, grants, awards, successful product launches, public-facing programs, and quantifiable outcomes that demonstrate real-world value.
- PERM route: prevailing wage determination, recruitment plan and proofs, ETA-9089 filing, and strict consistency of minimum job requirements across advertisements, the labor certification, and the Form I-140 petition.
- NIW route: a complete package meeting the three elements: substantial merit and national importance, the applicant’s positioning, and a favorable balance to waive the job offer and PERM. Independent expert letters that focus on impact rather than titles are highly persuasive.
- Forms and payments: Form I-140, Form I-485 for Adjustment of Status or DS-260 for consular processing, and Form I-907 for Premium Processing where available. Always confirm current fees on the official website before mailing.
Expert note: align the wording of duties and minimum requirements across the prevailing wage request, advertisements, ETA-9089, and I-140. Inconsistencies are a common reason for Department of Labor audits and United States Citizenship and Immigration Services Requests for Evidence.
Frequent pitfalls and how to avoid them
- Weak nexus between education and the role. Provide course lists, capstone projects, and on-the-job training details that connect the degree to the position or the endeavor.
- Titles without measurable outcomes in NIW. Prioritize evidence of outcomes, reach, adoption, beneficiaries, economic value, or public benefit in the United States, not only ranks or job titles.
- Unexplained timeline gaps. Document freelance work, internships, research, or entrepreneurship that fills the period; attach contracts, invoices, and supervisor statements.
- Incorrect fees or outdated form editions. Re-check the fee page and the form edition date for every shipment; rules and editions change over time.
Strategy for 2025
- Plan dual-track options. If the country of chargeability faces deep retrogression, evaluate EB-1A or EB-1C where appropriate, or EB-3 with a future interfiling strategy, while keeping EB-2 as the main plan.
- Use Premium Processing where it changes critical path. Upgrading I-140 may accelerate downstream steps, but verify current eligibility and cost before filing.
- Monitor the Visa Bulletin monthly. Whether you can file Adjustment of Status depends on which chart United States Citizenship and Immigration Services allows for that month.
Official resources (.gov)
United States Citizenship and Immigration Services Policy Manual — EB-2
United States Citizenship and Immigration Services — Form I-907 (Premium Processing)
United States Citizenship and Immigration Services — Filing Fees
United States Citizenship and Immigration Services — G-1055 Fee Schedule
United States Department of State — The Visa Bulletin
United States Department of Labor — Foreign Labor Programs (PERM and ETA-9089)
