Visas for professionals

EB-2 Visa USA – General Information

The EB-2 visa is an employment-based, second-preference legal permanent residence (Green Card) category. It is designed for foreign nationals who possess advanced academic degrees or exceptional ability in fields such as the sciences, arts, or business.

This category allows highly qualified professionals to legally reside in the United States, along with their immediate family members.

Types of EB-2 Visa Beneficiaries

1. Professionals with Advanced Degree

This subcategory is intended for those who hold an academic level higher than a bachelor’s degree (for example, a master’s or doctorate) or a bachelor’s degree plus at least five years of progressive experience in the professional field.

Main requirements:

Formal job offer in the USA.

PERM labor certification issued by the Department of Labor.

2. People with Exceptional Abilities

It includes individuals with a professional capacity significantly above the average in their sector.

Common criteria:

Recognition demonstrated by work experience.

Outstanding academic achievements.

Relevant publications, awards, professional memberships, or contributions to the field.

Also requires:

Job offer and PERM, unless an exemption is requested under NIW.

3. National Interest Waiver (NIW)

The NIW subcategory allows the applicant to self-sponsor, meaning they do not need a job offer or PERM certification.

To qualify under NIW, you must demonstrate that:

The applicant’s work or project has substantial value and national merit.

The applicant is well positioned to advance that work.

The national benefit of your contribution justifies the exemption from the labor offer and the PERM.

This path is common among scientists, researchers, doctors, entrepreneurs and innovators.

General Requirements for the EB-2 Visa

Requirement	Detail
Job offer	Required, except in case of NIW
Labor Certification (PERM)	Mandatory, except in the case of NIW
Academic title	Advanced degree or bachelor’s degree + 5 years of progressive experience
Professional evidence	CV, letters of recommendation, publications, awards, memberships, etc.
Immigration eligibility	No serious immigration history; verifiable experience

Application Process

1. PERM Labor Certification (if applicable)

The employer must demonstrate that there are no qualified U.S. workers for the position.

2. Filing Form I-140 (Immigrant Petition)

Submitted by the employer or directly by the applicant in the case of NIW.

3. Visa availability check

Depending on the applicant’s country of origin, the monthly Visa Bulletin issued by the Department of State is consulted.

4. Ajuste de Estatus (Formulario I-485)

If the applicant is already in the U.S., or consular processing at the corresponding embassy if abroad.

Beneficios de la Visa EB-2

Access to legal permanent residence (Green Card) for the applicant and his or her immediate family (spouse and children under 21 years of age).

The spouse may apply for a work permit (EAD).

Possibility of self-petition through the NIW.

Faster processing than other immigration categories, especially for countries with low demand.

Frequently Asked Questions (FAQs)

What is the EB-2 visa?

It is an employment-based immigrant visa for professionals with advanced degrees or exceptional abilities, which allows for permanent residency in the U.S.

Is a job offer required?

Yes, unless you qualify for the National Interest Waiver (NIW).

What is PERM certification?

It is a process that verifies that there are no American workers available for the position offered to the foreign applicant.

Can I apply on my own?

Yes, if you meet the NIW requirements, you can self-sponsor without needing an employer.

What is the difference between EB-2 and EB-1?

EB-1 is for individuals with internationally recognized extraordinary achievements. EB-2 requires advanced achievements, but with a slightly less stringent standard.

Is a foreign degree accepted?

Yes, but it must be evaluated by an accredited institution to confirm its equivalency to a U.S. master’s degree or higher.

What is the estimated processing time?

It varies between 8 and 18 months, depending on factors such as country of origin, USCIS workload, and whether Premium Processing is used.

Can I include my family?

Yes. Spouses and children under 21 can obtain residency as derivative beneficiaries.

What documents do I need to demonstrate “exceptional abilities”?

Letters of recommendation, scientific publications, awards, relevant contributions to the field, association memberships, among others.

Statement: The concepts explained should not be taken as legal advice, it is a compendium of public information from the INA.

In all cases, consultation with an attorney is recommended to determine your eligibility. At Immigration Document Preparers, we limit ourselves to submitting forms to USCIS correctly based on the information that the client provides us. We do not give advice or legal advice.