EB-2 is a second-preference immigrant visa category for professionals holding an advanced degree or individuals of exceptional ability in the sciences, arts, or business.
Most EB-2 cases require a PERM labor certification confirming no qualified U.S. workers are available for the position. National Interest Waiver applicants can bypass the labor certification and employer sponsorship by demonstrating their proposed endeavor has substantial merit and national importance, that they are well positioned to advance it, and that waiving the job offer requirement benefits the U.S.
Employer-sponsored EB-2 cases begin with a PERM application (ETA Form 9089) followed by Form I-140; NIW applicants file Form I-140 directly with evidence supporting the three NIW prongs.
Because EB-2 is subject to per-country annual visa limits, wait times vary widely - often a year or two for most countries but considerably longer for applicants born in India or China.
This overview is for general information only and is not legal advice. Current forms, fees, and eligibility rules should always be confirmed against official USCIS and U.S. Department of State guidance, or with one of our attorneys, before filing.
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