EB-2 is the second preference category for U.S. employment-based immigration, for professionals with advanced degrees or exceptional ability. Includes regular EB-2 with PERM labor certification and NIW without employer sponsorship.
Current Priority Dates
Current bulletin dates
(EB2)Historical Trends
Visa Bulletin trends
Subcategories
EB-2 PERM (Regular EB-2)
Requires labor certification through employer sponsorship.
Basic Requirements:
- U.S. Master's degree or equivalent, OR
- Bachelor's degree + 5 years of progressive work experience
Application Process:
- PWD Request: Employer requests Prevailing Wage Determination from DOL (about 2-3 months)
- Recruitment: Complete required recruitment steps (about 2-3 months)
- PERM Filing: Submit ETA-9089 labor certification (about 6-12 months)
- I-140 Filing: File I-140 after PERM approval (about 4-8 months)
- Green Card: File I-485 or consular process when priority date is current
Advantages:
- Broad applicability for most professionals with Master's degrees
- Established process with high predictability
Disadvantages:
- Requires employer cooperation throughout
- PERM process is time-consuming
- Long wait times for applicants born in mainland China
EB-2 NIW (National Interest Waiver)
No labor certification or employer sponsorship required - self-petition allowed.
Three-Prong Test (Matter of Dhanasar):
- The proposed endeavor has substantial merit and national importance
- The applicant is well positioned to advance the proposed endeavor
- On balance, it would be beneficial to the U.S. to waive the labor certification requirement
Ideal Candidates:
- Researchers and engineers in STEM fields
- Healthcare professionals
- Educators
- Entrepreneurs and founders
- Artists and athletes
Advantages:
- No employer sponsorship required - self-petition allowed
- No PERM labor certification process
- Greater job flexibility
Disadvantages:
- Subjective approval standards
- Requires thorough evidence preparation
- Long wait times for applicants born in mainland China
EB-2 to EB-3 Downgrade
When EB-2 priority dates significantly retrogress, some applicants choose to "downgrade" to EB-3:
When Applicable:
- EB-3 priority dates are earlier than EB-2
- Position only requires a Bachelor's degree
- Employer willing to redo the PERM process
Considerations:
- Requires completing a new PERM process
- Priority date may not be preserved
- Evaluate time and cost trade-offs
Application Tips
- Prepare Documents: Collect credential evaluations and work experience documentation early
- Choose Your Path: Select PERM or NIW based on your situation
- Plan Timing: Consider current priority dates and expected processing times
- Dual Filing: When possible, file both PERM and NIW simultaneously