What is the EB2 Visa: Complete Guide

This article was last updated and fact checked on April 29, 2025 by Mani Karthik.

When I first heard about the EB2 visa from a colleague, I was immediately intrigued by the possibility of obtaining a green card through my professional qualifications.

However, finding clear information about the eligibility requirements and application process was challenging.

After successfully navigating the EB2 process myself and helping several friends through their applications, I’ve created this comprehensive guide to explain exactly what the EB2 visa is, how to qualify, and what to expect during the application process.

Quick Overview: What is the EB2 Visa?

The EB2 visa is an employment-based second preference immigrant visa that leads to permanent residency (green card) for professionals with advanced degrees or exceptional ability.

It requires either a job offer from a US employer willing to sponsor you or qualifications for a National Interest Waiver.

For Indians, the current wait time ranges from 2-10+ years due to country-specific backlogs.

This visa category is particularly attractive for highly qualified professionals as it offers a faster path to a green card compared to some other employment-based categories, though Indian nationals face longer waits due to annual country caps.

EB2 Visa Categories and Eligibility Requirements

The EB2 visa has three main subcategories:

1. EB2-A: Advanced Degree Professionals

To qualify under this category, you must have:

• A job offer from a US employer
• An advanced degree (master’s degree or higher) or
• A bachelor’s degree plus at least 5 years of progressive experience in your field

The position offered must genuinely require an advanced degree or equivalent experience.

2. EB2-B: Exceptional Ability Professionals

This subcategory requires:

• A job offer from a US employer
• Exceptional ability in sciences, arts, or business
• Evidence meeting at least three of these criteria:
  • Degree or certification related to your area of exceptional ability
  • Letters documenting at least 10 years of experience
  • Professional license or certification
  • High salary or remuneration demonstrating exceptional ability
  • Membership in professional associations
  • Recognition for achievements and contributions to your industry
  • Other comparable evidence

💡 Pro Tip: When documenting “exceptional ability,” focus on quantifiable achievements rather than just experience. Patents, published research with citation metrics, industry awards, and documented innovations that benefited previous employers will strengthen your case significantly more than general experience letters.

3. EB2-NIW: National Interest Waiver

The most sought-after subcategory for Indians is the National Interest Waiver, which:

• Does not require a job offer or labor certification
• Allows self-petition (you can apply for yourself)
• Requires proving your work is in the national interest of the United States

To qualify for an NIW, you must demonstrate:

• Advanced degree or exceptional ability (same as other EB2 categories)
• Your proposed endeavor has substantial merit and national importance
• You are well positioned to advance that endeavor
• On balance, it would be beneficial to the US to waive the normal job offer requirement

EB2 Application Process for Indians

Step 1: Labor Certification (PERM) Process

Note: This step is not required for National Interest Waiver applicants

Your US employer must:

• Conduct recruitment efforts to prove no qualified US workers are available
• Offer the prevailing wage for the position
• File ETA Form 9089 with the Department of Labor
• Wait for approval (typically 6-8 months, though audit cases take longer)

Step 2: Filing Form I-140 (Immigrant Petition)

Once PERM is approved (or immediately for NIW cases):

• Complete Form I-140 (Immigrant Petition for Alien Worker)
• Include supporting evidence of your qualifications
• Pay the filing fee ($700 as of 2025)
• Consider premium processing for faster I-140 decision

Step 3: Wait for Priority Date to Become Current

This is the most challenging part for Indian applicants:

• Your priority date is established when your PERM is filed (or I-140 for NIW)
• Check the Visa Bulletin monthly to track your category’s progress
• As of 2025, Indian EB2 applicants face waits of several years due to per-country caps

Step 4: File Form I-485 or Consular Processing

When your priority date becomes current:

If you’re already in the US:

• File Form I-485 (Adjustment of Status)
• Include medical examination results
• Submit biometrics and attend interview if scheduled

If you’re outside the US:

• Complete consular processing through the US embassy/consulate
• Attend immigrant visa interview
• Receive immigrant visa to enter the US as a permanent resident

Documents Required for EB2 Applications

For the PERM Labor Certification

• Detailed job description with minimum requirements
• Evidence of recruitment efforts
• Prevailing wage determination
• Results of US worker applicants and reasons for rejection

For the I-140 Petition

Advanced Degree Professionals:

• Official academic transcripts and degree certificates
• Experience letters from previous employers
• Resume or CV
• Job offer letter

Exceptional Ability Professionals:

• Evidence meeting at least three of the exceptional ability criteria
• Letters from industry experts
• Documentation of awards and achievements
• Portfolio of work, if applicable

National Interest Waiver:

• Evidence of advanced degree or exceptional ability
• Detailed statement explaining the substantial merit and national importance of your work
• Letters of recommendation from experts in your field
• Evidence of past achievements and their impact
• Business plan or project proposal (if applicable)
• Citations of your work, media coverage, or other recognition

For Form I-485 Adjustment of Status

• Valid passport
• Photos (per USCIS specifications)
• Birth certificate
• Medical examination (Form I-693)
• Employment verification letter
• Financial records
• Form I-864 (Affidavit of Support) if required

Common Challenges for Indian EB2 Applicants

1. Long Priority Date Waits

Due to annual country-specific caps, Indian nationals face significantly longer waits than applicants from most other countries. As of 2025, the backlog means most Indians wait 5+ years for their priority date to become current.

2. Proving “Exceptional Ability”

USCIS sets a high bar for demonstrating exceptional ability. Many applicants struggle to provide sufficient evidence that meets the specific criteria rather than just showing general excellence in their field.

3. Qualifying for National Interest Waiver

The NIW requirements became clearer after the Matter of Dhanasar decision in 2016, but proving your work serves the national interest remains challenging. The petition must demonstrate significant impact beyond your employer’s interests.

4. Maintaining Status During the Wait

Many Indians on H-1B visas must carefully manage their status during the long wait for their priority date. H-1B extensions beyond the 6-year limit are available once your I-140 is approved.

5. Employer Dependencies

For standard EB2 cases (not NIW), remaining with the sponsoring employer until receiving the green card can be restrictive. Job changes may require starting the process over unless you qualify for AC21 portability.

FAQs About the EB2 Visa

What’s the difference between EB2 and EB1 visas?

The EB1 visa (first preference) is for individuals with extraordinary ability, outstanding professors or researchers, and multinational executives or managers. It doesn’t require labor certification and typically has faster processing times with shorter or no wait times due to priority dates.

The EB2 visa has lower eligibility thresholds but generally requires labor certification (except NIW) and has longer waits for Indian nationals.

Can I upgrade from EB3 to EB2 if I qualify?

Yes, if you meet EB2 requirements, your employer can file a new I-140 petition under the EB2 category while maintaining your original priority date from the EB3 petition.

This strategy can be beneficial when EB2 priority dates are more current than EB3, though this isn’t always the case for Indian applicants.

Is premium processing available for EB2 applications?

Premium processing is available for the I-140 petition, reducing the decision timeframe to 15 calendar days for an additional fee ($2,500 as of 2025).

However, premium processing doesn’t affect the PERM labor certification timeline or priority date waiting periods.

What happens if I change jobs during the EB2 process?

If you change employers before your I-140 is approved, you generally need to start the entire process again. If your I-140 has been approved and your I-485 has been pending for at least 180 days, you may change to a similar job using AC21 portability without affecting your green card process.

Can my family members get green cards through my EB2 petition?

Yes, your spouse and unmarried children under 21 can obtain green cards as dependents on your EB2 petition. They’ll file their own I-485 applications (or go through consular processing) when your priority date becomes current.

Bonus Tips for EB2 Success

Consider the NIW route if eligible.

The National Interest Waiver eliminates the need for a job offer and labor certification, giving you more control over your immigration process.

Develop a comprehensive career portfolio.

Start collecting evidence of your achievements, recognition, and contributions to your field early, even before beginning the EB2 process.

Maintain strong relationships with mentors and industry leaders.

These connections can provide powerful recommendation letters for your application.

Research alternative paths while waiting.

Explore other visa categories like O-1 or EB1 if your qualifications might meet those standards.

Stay informed about legislative changes.

Immigration reform efforts often target employment-based categories and country caps, which could significantly impact wait times for Indians.

💡 Pro Tip: If applying for an EB2 National Interest Waiver, create a detailed impact statement that directly connects your work to US national interests like economic growth, health improvements, technological advancement, or educational benefits. Use specific metrics whenever possible – for example, rather than stating your research “could help many patients,” specify that your innovation “has potential to reduce treatment costs by 30% for the 5 million Americans suffering from this condition.”

Key Takeaways About the EB2 Visa

• The EB2 visa offers permanent residency for professionals with advanced degrees or exceptional ability
• Three main categories: Advanced Degree (EB2-A), Exceptional Ability (EB2-B), and National Interest Waiver (EB2-NIW)
• Standard EB2 requires labor certification and employer sponsorship
• National Interest Waiver allows self-petition without employer sponsorship
• Indian nationals face significant waits due to country-specific visa caps
• The application process involves PERM labor certification (except NIW), I-140 petition, and either adjustment of status or consular processing
• Current processing time from start to green card for Indians ranges from 2 years (best case) to 10+ years

The EB2 visa remains one of the most viable pathways to permanent residency for highly qualified Indian professionals, despite the extended wait times.

By understanding the requirements and preparing a strong application, you can position yourself for success in this competitive immigration category.

I wish you the very best in your EB2 journey!

Though the path may be long, thousands of Indian professionals have successfully navigated this process to achieve their American dreams.

With patience and perseverance, you can join them as a permanent resident of the United States. Safe travels! ✈️