An Employment-Based Second Preference (EB-2) immigration petition is an immigration application for individuals who meet the criteria.
Originally, the EB-2 category was for individuals who were being sponsored by a U.S. employer. However, under the National Interest Waiver (NIW), an individual who meets the criteria does not need a sponsor.
There are three types of EB-2 applications:
To qualify as an advanced degree candidate, they must be able to demonstrate a master’s or doctoral degree (or its equivalent in another language), or a bachelor’s degree and five years of progressive work experience after obtaining the degree.
Since a sponsor is required, they must also meet any additional Labor Certification requirements.
To qualify as a skilled applicant To be considered exceptional, you must be able to demonstrate that you possess knowledge significantly above that commonly found in the fields of science, arts, or business” and must meet at least three of the following criteria:
The candidate may submit their own petition for a National Interest Waiver (NIW) without a sponsor or labor certification. They must be able to demonstrate the following to obtain this:
It is a sub-category of the employment-based second preference (EB-2) visa for the U.S., where a qualified applicant may request a waiver of the job-offer and labor-certification requirement because their immigration is deemed to be in the national interest.
The EB-2 visa covers individuals who either hold an advanced degree (beyond a bachelor’s) or the equivalent, or who demonstrate “exceptional ability” in the sciences, arts, or business.
The criteria include: (1) the proposed endeavor has substantial merit and national importance; (2) the applicant is well positioned to advance the proposed endeavor; and (3) on balance it would benefit the U.S. to waive the job-offer and labor-certification requirements.
For the advanced degree path: having a master’s degree or higher (or bachelor’s + 5 years progressive experience). For exceptional ability: meeting at least three of the regulatory criteria (e.g., letters of recommendation, recognition, high salary, membership in professional associations, etc.).
The major advantages are: the ability to self-petition (no employer sponsor needed), the waiver of labor‐certification/job offer requirement, and ultimately a path to U.S. permanent residency (Green Card) for the applicant and their immediate family.
The process typically involves: (a) preparing and filing Form I-140 with supporting documentation demonstrating eligibility under EB-2 and NIW criteria; (b) once approved and visa/priority date is current, proceeding with either adjustment of status (if inside the U.S.) or consular processing (if outside the U.S.); and (c) after that receiving the lawful permanent resident status.
