EB2 Visa

You may qualify for an EB-2 visa as a person with exceptional ability if you can show a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.

The petitioner must submit evidence meeting at least three of the following criteria:

• An official academic record showing a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability
• Letters from current or former employers showing at least 10 years of full-time experience in the occupation for which you are being sought
• A license to practice the profession or certification for a particular profession or occupation
• Evidence that you have commanded a salary or other remuneration for services that demonstrate exceptional ability
• Evidence of membership in professional associations
• Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations

USCIS reviews the full evidential record when deciding whether you meet the exceptional-ability standard. Meeting three criteria is the first stage of the assessment and does not by itself establish eligibility.

If these criteria do not readily apply to your occupation, the petitioner may submit comparable evidence. The petition should explain why the listed criteria do not readily apply and how the alternative evidence demonstrates exceptional ability.

Employer-Sponsored EB-2 Cases

For an employer-sponsored EB-2 exceptional-ability petition, the job offer must require a person with exceptional ability. The applicant must also meet the education, training, experience, and other requirements stated in the certified PERM labor certification.

A National Interest Waiver applicant may request a waiver of the job-offer and labor-certification requirements. They must still establish that they qualify under the underlying EB-2 exceptional-ability classification before USCIS assesses the National Interest Waiver request.

A National Interest Waiver is available to some applicants seeking an EB-2 visa. It may waive the permanent job offer and labor certification requirements.

You must first qualify for the underlying EB-2 classification as either:

• A member of the professions holding an advanced degree or its equivalent
• A person with exceptional ability in the sciences, arts, or business

Unlike most employer-sponsored EB-2 petitions, a National Interest Waiver petition does not require a permanent job offer. You may self-petition by filing Form I-140, Immigrant Petition for Alien Workers.

National Interest Waiver Criteria

You must also show that you meet each of the following National Interest Waiver criteria:

• Your proposed endeavor has substantial merit and national importance
• You are well-positioned to advance the proposed endeavor
• On balance, it would be beneficial to the United States to waive the job-offer and permanent labor-certification requirements

USCIS reviews the evidence to decide whether you meet both the underlying EB-2 eligibility requirements and the National Interest Waiver criteria. The evidence must show that the proposed endeavor has value beyond the applicant’s personal career goals or a single job opportunity.

Evidence Considerations

Your supporting evidence should relate to both parts of the petition: EB-2 eligibility and the NIW request. The appropriate documents depend on your proposed endeavor and professional background.

Evidence may include:

• Academic records, professional licenses, employment letters, and other documents showing that you qualify for EB-2
• A detailed description of the proposed endeavor and its expected impact in the United States
• Evidence of relevant education, skills, experience, achievements, and progress in the proposed area of work
• Documentation showing interest in, support for, or potential use of the proposed work by relevant organizations, experts, or government bodies
• Evidence explaining why waiving the job offer and permanent labor-certification requirements would benefit the United States

The petitioner must establish eligibility under the preponderance-of-the-evidence standard. USCIS assesses the relevance, probative value, and credibility of the evidence both individually and across the complete record.

The EB-2 visa application process depends on whether you apply through an employer-sponsored petition or seek a National Interest Waiver.

Most employer-sponsored EB-2 petitions require the prospective US employer to obtain a certified PERM labor certification before filing Form I-140, Immigrant Petition for Alien Workers, with US Citizenship and Immigration Services.

PERM Labour Certification

PERM is the Department of Labor’s permanent labor-certification process. It is used to assess whether there are sufficient US workers who are able, willing, qualified, and available to accept the permanent job opportunity in the intended employment area.

The process also assesses whether employing a foreign worker would adversely affect the wages and working conditions of similarly employed US workers.

Before filing a PERM application, the employer must:

• Identify a permanent, full-time job opportunity
• Obtain a prevailing-wage determination for the role and area of intended employment
• Complete the required recruitment steps to test the US labor market
• File the permanent labor-certification application with the Department of Labor

For an EB-2 petition, the offered role must require an advanced degree or its equivalent, or a person with exceptional ability. The employer must offer at least the prevailing wage for the relevant occupational classification and area of intended employment.

Form I-140 Petition

After the Department of Labor issues the PERM, the employer may file Form I-140 with USCIS. The petition must show that you meet the EB-2 eligibility requirements and that the offered permanent role meets the category’s requirements.

The employer must also show that it has had the continuing ability to pay the proffered wage from the priority date until you become a lawful permanent resident.

The employer may provide one of the following documents as evidence of its ability to pay:

• Federal tax returns
• Annual reports
• Audited financial statements

An employer with 100 or more workers may submit a statement from its financial officer confirming its ability to pay the proffered wage.

Visa Availability and Final Application

Your priority date determines when you may continue with the final stage of the permanent-residence process. In a PERM-based case, the priority date is the date the employer files the labor-certification application.

If you are outside the United States, the National Visa Center will begin processing your immigrant visa when a visa number becomes available. You will pay the required fees, submit Form DS-260, and provide the supporting documents requested for your case.

After the case is documentarily complete and your priority date is current, the National Visa Center works with the relevant US embassy or consulate to schedule your immigrant visa interview.

If you are lawfully in the United States and meet the adjustment-of-status requirements, you may be able to apply for a Green Card with USCIS instead of attending an immigrant visa interview abroad.

EB-2 National Interest Waiver Petitions

If you are seeking an EB-2 National Interest Waiver, you may self-petition by filing Form I-140. You do not need a permanent job offer or a certified PERM.

You must still show that you qualify for EB-2 as an advanced-degree professional or a person with exceptional ability. You must also meet the National Interest Waiver criteria.

Once the National Visa Center has scheduled your immigrant visa interview, you must bring the documents listed in your appointment instructions. You should also check the document requirements published by the US embassy or consulate handling your application.

You must bring original or certified copies of civil documents. This includes documents you uploaded to the Consular Electronic Application Center, or CEAC.

Documents may include:

• Your National Visa Center interview appointment letter
• An unexpired passport for each applicant, valid for at least six months beyond the intended date of entry into the United States
• The confirmation page for Form DS-260, Online Immigrant Visa and Alien Registration Application
• Two identical color photographs for each applicant that meet US visa photo requirements
• Original or certified copies of the civil documents submitted to the National Visa Center
• Certified English translations may be required
• A recent letter from the US employer confirming that the permanent job offer remains available, where requested for an employment-based case
• Medical-examination results in a sealed envelope, and if the approved panel physician gives the envelope to you
• Vaccination records, when requested by the panel physician or US embassy, or the consulate
• Any additional documents requested by the National Visa Center, the US embassy, or consulate

Civil Documents for Dependants

Each accompanying family member must provide their own required documents. Depending on the case, this can include:

• Birth certificates
• Marriage certificates
• Divorce certificates or death certificates for previous spouses
• Adoption records
• Police certificates
• Passport photographs and passport details

Bring the original or certified copy of each document, together with any translations required by the US embassy or consulate. The document requirements may differ according to the country where the document was issued and the consular post processing the application.

Medical Examination

Every immigrant visa applicant must complete a medical examination before visa issuance. The examination must be completed by a physician approved by the relevant US embassy or consulate.

Do not open the medical-examination envelope if the panel physician gives you one. An open envelope may not be accepted at the interview.

If you apply for an EB-2 immigrant visa from outside the United States, you must attend an interview at the US embassy or consulate processing your case.

The National Visa Center will provide an appointment letter once your case is documentarily complete and an immigrant visa number is available. You should follow the instructions issued by the National Visa Center and the relevant US embassy or consulate.

During the interview, a consular officer may ask questions about:

• Your identity, immigration history, and background
• Your education, professional qualifications, and work experience
• The approved Form I-140 petition
• The permanent job offer and the sponsoring employer, where relevant
• Your plans after entering the United States
• Whether you or any accompanying family members are eligible for an immigrant visa

The Department of State collects biometric information from visa applicants during the consular process. You should answer all questions truthfully and provide any documents requested by the consular officer.

Dependants Attending the Interview

Your spouse and unmarried children under 21 may apply as accompanying or following-to-join family members if they qualify as your dependants under the immigration rules.

Each family member must follow the instructions in their appointment notice. The US embassy or consulate will confirm who must attend the interview and which documents each person must bring.

Family members may need to provide:

• Valid passports
• Form DS-260 confirmation pages
• Passport photographs that meet US visa photo requirements
• Medical-examination documentation where required
• Original or certified copies of birth certificates
• Original or certified copies of marriage certificates, where relevant
• Certified translations where required

The documents should establish each family member’s identity and qualifying relationship to the principal EB-2 applicant.

What Happens After the Interview?

The consular officer will review your application, supporting documents, and interview responses before deciding the next step.

The officer may:

• Issue the immigrant visa
• Request further documents or information
• Place the application into administrative processing
• Refuse the visa where the applicant does not meet the requirements or is ineligible under US immigration law

If the officer requires further administrative processing, they will inform you at the end of the interview. Do not make travel arrangements or resign from employment until the visa has been issued and returned with your passport.