The EB2 visa is the second preference employment-based green card category that grants US permanent residency to foreign nationals with advanced degrees or exceptional ability. Eligible persons for EB2 immigrant visa include those who:

  • Hold an advanced degree or its equivalent; or
  • Have an exceptional ability in the sciences, arts, or business.

The EB2 green card includes the following subcategories:

  • EB-2A Advanced Degree
  • EB-2B Exceptional Ability
  • EB-2C National Interest Waiver

The EB-2 visa was introduced as part of the new Immigration Act of 1990, and from 2008 to the end of 2014, a total of 129,316 EB-2 Visas have been issued to immigrants from India. In 2014 alone, Indian Immigrants received 49.8 percent of the 49,071 EB-2 visas issued.

EB-2A Advanced Degree

Individuals applying for the advanced degree subcategory of the EB2 visa must demonstrate possession of a US advanced degree or its foreign equivalent. Specific requirements for the EB-2A visa include the following.

  • To apply for an Advanced Degree EB2 Visa, the applicant must hold at least a master’s degree or its equivalent, or a bachelor’s level degree with a minimum of five years of increasing experience. Not all advanced degrees are eligible, and applicants should confirm their qualifications satisfy USCIS regulations by checking on the USCIS website.
  • The job the applicant is applying for under the EB2 visa must require an advanced degree or the equivalent qualifications.

EB-2B Exceptional Ability

Individuals applying for the exceptional ability subcategory of the EB2 visa should be able to demonstrate their exceptional ability.

  • Applicants must have an exceptional ability in the sciences, arts, or business and hold “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business” in the United States.

EB-2C National Interest Waiver

Those applying for either EB2 visa subcategory may apply for a labor certification waiver if they believe their job is in the national interest of the United States. Such applications may be considered for:

  • Physicians who agree to work full-time in areas where there is a shortage of healthcare professionals, or;
  • Entrepreneurs that satisfy certain conditions.

Applicants applying for a National Interest Waiver must:

  • Have a job offer, and;
  • May self-petition by filing the Immigrant Petition for Alien Worker, Form I-140, along with evidence of the national interest.

Applying for EB2 Visa

Applications for a EB-2 Visa, under the categories for a person having an Advanced Degree, or a person having exceptional ability, must be accompanied by a individual labor certification from the Department of Labor on Form ETA-750.

An application for waiving the national interest can be made by the applicant by filing directly to United States Customs and Immigration Services, including submission of the I-140 Form, Petition for Alien Worker.

Visit the below links to learn more about any of the EB2 subcategories.