EB-2 Visa: Advanced Degree Professionals and National Interest Waiver (NIW)

The EB-2 visa is an employment-based immigrant visa category for foreign nationals who:

  • Hold an advanced degree (master’s or higher) or

  • Possess exceptional ability in the sciences, arts, or business.

It provides a path to permanent residency in the U.S.


✅ Eligibility Criteria

  • Must have a job offer from a U.S. employer requiring an advanced degree or exceptional ability.

  • The employer must complete the labor certification (PERM) process unless applying under the National Interest Waiver (NIW).

  • For NIW applicants, must demonstrate that their work is in the national interest of the U.S. and that waiving the job offer and labor certification requirements benefits the country.


📝 Application Process

  1. Employer files Form ETA-9089 for labor certification with the Department of Labor (unless NIW).

  2. File Form I-140, Immigrant Petition for Alien Worker, with USCIS.

  3. Once approved and visa number available, apply for adjustment of status (Form I-485) or consular processing.

  4. NIW applicants self-petition and provide evidence supporting national interest.


⏳ Advantages of EB-2 Visa

  • Faster visa availability compared to other categories for some countries.

  • NIW allows self-petitioning without employer sponsorship.

  • Spouses and minor children can obtain green cards as derivatives.


⚠️ Important Notes

  • Evidence of advanced degree or exceptional ability is critical.

  • NIW requires strong documentation of national interest and impact.

  • Professional legal assistance improves petition strength and processing.


📞 Borderless Lawyers provides expert support for EB-2 applicants, guiding advanced degree holders and exceptional professionals through labor certification, NIW petitions, and adjustment processes to secure U.S. permanent residency.

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