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EB-2 Visa

Permanent residence for professionals with advanced degrees or extraordinary skills.

Is a job offer needed?
Yes
Except under the national interest waiver.
Labor certification?
Yes
Except under the national interest waiver.
Who files the petition?
Your employer
Or you, under the national interest waiver.

Who it is for

It is for professionals who enter through one of two paths: an advanced degree or extraordinary skills. There is also an exception, the national interest waiver, which lets you apply without a job offer.

Two paths within EB-2

To qualify you need to enter through one of the two.

Advanced degree

For professionals with advanced education.

What counts as an advanced degree

  • A master's degree or doctorate.
  • A bachelor's degree plus five or more years of progressive experience in your profession.

Extraordinary skills

3 of 6 criteria

You do not need an advanced degree, not even a university degree: it is enough to meet at least 3 of these 6 criteria.

The 6 criteria

  • A degree, diploma or certificate in your field.
  • At least 10 years of experience in the profession.
  • A professional license or certification.
  • A salary above the average for your profession.
  • Membership in professional associations.
  • Recognition for your achievements and contributions.

But there is an exception

National Interest Waiver (NIW)

It is an exception that works for both EB-2 paths. It lets you skip the job offer, the labor certification and the employer who sponsors you: you file your own petition.

  • You submit a proposal (endeavor): a plan of what you will do in the U.S. and how it benefits the country.
  • You do not need a job offer.
  • You do not need a labor certification.
  • You do not need a sponsor: you file the petition yourself.

You save about 18 months of the process.

What you need

  • Enter through one of the two paths: advanced degree or extraordinary skills.
  • A job offer that requires that level of education.Only without the waiver
  • A labor certification approved by the Department of Labor.Only without the waiver
  • Education and experience documents with exact, consistent dates.

How the process works

  1. Profile review

    We review your experience, education and achievements to confirm this category is the right one for you.

  2. Prevailing wage

    Not needed with the waiver

    The Department of Labor sets the minimum wage the job must pay in that area.

  3. Recruitment

    Not needed with the waiver

    The job is advertised in several outlets, such as a local newspaper, the company website and job platforms, to check that no local worker is available.

  4. Filing the labor certification

    ETA 9089Not needed with the waiver

    The labor certification application is filed with the Department of Labor, with everything from the recruitment.

  5. Labor certification approval

    Not needed with the waiver

    The Department of Labor reviews the file and approves the certification.

  6. Immigrant petition

    6 to 12 monthsI-140

    Your employer, or you under the national interest waiver, asks immigration to approve your category.

  7. Permanent residency

    Depends on your situation

    The last step depends on your situation. There are two paths:

    • Adjustment of status

      I-485

    • Consular processing

      DS-260

Complete guide

Want more information?

Download the complete PDF guide, with the detail of every requirement, stage and timeline of the process.

How we support you

  • We review your profile and confirm this category fits you.
  • We prepare and organize your documents.
  • We explain every stage and remind you of every important date.
  • We support you through the final step, whether by adjustment of status or consular processing.
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