Visa Focus Friday

Welcome to Visa Focus Friday, where we spotlight key employment-based visas in U.S. immigration. Each week, we provide insights into visa categories for foreign workers, helping to navigate the complexities of the immigration process.

Visa Focus Friday: The EB-2 Visa – Advancing Careers Through Exceptional Ability and Advanced Degrees

This week, we are spotlighting the EB-2 visa, an employment-based immigration option designed for professionals with advanced degrees or exceptional ability in the sciences, arts, or business.  Whether you're a seasoned engineer, a researcher at the cutting edge of innovation, or a leader in your industry, the EB-2 visa can be a pivotal step toward permanent residency in the United States.

What Is the EB-2 Visa?

The EB-2 visa is a second-preference employment-based immigrant visa that is tailored for individuals who either:

• Possess an advanced degree (or its equivalent), or
• Can demonstrate exceptional ability in their field.

Unlike temporary visas like the H-1B, the EB-2 visa is a pathway to permanent residency—offering long-term stability for qualified professionals and their families.

Who Qualifies?

To qualify under the EB-2 category, applicants must meet one of the following criteria:

Advanced Degree Subcategory

• You must hold a U.S. master’s degree or higher, or a foreign equivalent.
• Alternatively, a bachelor’s + 5 years of progressive experience should qualify as equivalent to an advanced degree under the current USCIS guidance.
• The job offered must require an advanced degree as a minimum entry requirement.

Exceptional Ability Subcategory

• You must show a degree of expertise significantly above that ordinarily encountered in your profession. 
• Evidence may include academic records, awards, professional memberships, published work, and other documentation that supports your prominence in the field.
• The USCIS typically requires meeting at least three out of seven criteria for Exceptional Ability.

National Interest Waiver (NIW)

• In some EB-2 cases, you can self-petition without an employer sponsor by applying for a National Interest Waiver.
• To qualify, your work must benefit the U.S. significantly—such as advancing national goals in science, healthcare, education, or economic development.

Common Fields for EB-2 EligibilityEB-2 visas are used across many fields, including:

• Engineering and Technology
• Scientific Research
• Healthcare and Public Health
• Business and Economics
• Higher Education
• Environmental and Policy Development

Labor Certification Requirement

Most EB-2 cases require an employer to first obtain a PERM Labor Certification from the U.S. Department of Labor. This process verifies that:

• No qualified U.S. workers are available for the job, and
• Hiring the foreign national will not adversely affect the wages and conditions of U.S. workers.

Exception: National Interest Waiver (NIW) cases are exempt from the labor certification requirement, making them particularly attractive for entrepreneurs, researchers, and professionals in public-interest roles.

The Petition Process

The EB-2 petition process typically includes:

• PERM Labor Certification (unless applying under NIW)
• Filing of Form I-140, Immigrant Petition for Alien Worker
• Adjustment of Status (Form I-485) if inside the U.S., or consular processing if abroad

Applicants can also concurrently apply for work and travel authorization while their green card application is pending.

Benefits of the EB-2 Visa

• Direct Path to a Green Card: Unlike H-1B or other nonimmigrant visas, EB-2 leads directly to lawful permanent residence.
• Self-Petitioning Option: The National Interest Waiver allows certain applicants to bypass employer sponsorship and file independently.
• Spouse and Children Eligibility: Your spouse and unmarried children under 21 may apply for green cards as your dependents.
• Work Authorization for Spouses: Once in green card processing, spouses can typically apply for work authorization (EAD).
• Premium Processing Available: For many EB-2 cases, faster processing options are available for Form I-140.

Why the EB-2 Visa Matters

The EB-2 visa plays a crucial role in attracting world-class talent to the United States. It supports national priorities—whether through cutting-edge research, advancing global business strategies, or strengthening healthcare systems.

At Stommes Immigration, we have deep experience helping professionals navigate the EB-2 process—from identifying the right subcategory to preparing robust documentation and advocating for approvals.  Whether you’re an employer looking to sponsor top-tier talent or a professional seeking permanent residence, we’re here to help you realize your American dream.

For personalized legal guidance or representation, contact us at [email protected].  Let us help you turn your qualifications into a green card—and your future into reality.

If you have questions about your visa status or if you are an employer exploring immigration options, we are here to help.  At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate complex legal landscapes.
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The information provided in this blog is intended for general informational purposes only and should not be construed as legal advice.  To schedule a Consultation to discuss your legal immigration options, please email us at [email protected].