Immigrating to the United States
Immigrating to the United States At Maimone Legal, we understand that the process of
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What is an EB-2 Visa
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The EB-2 visa is a second-preference employment-based immigrant visa (green card) for individuals who are:
Professionals with advanced degrees, or
Individuals with exceptional ability in the sciences, arts, or business.
This visa category leads directly to a green card, and while it generally requires employer sponsorship, there’s a special exception (the National Interest Waiver) that allows self-petitioning in some cases.
Key Benefits:
Path to permanent residency
National Interest Waiver allows for self-petition (no job offer required)
Ideal for researchers, physicians, professionals, and entrepreneurs
Maimone Legal
Everything you need to know about EB-2 Visas
There are three main ways to qualify:
EB-2A: Advanced Degree
You must have:
A U.S. master’s degree or higher, or
A foreign equivalent, or
A bachelor’s degree plus 5 years of progressive work experience in the field
Must be applying for a job that requires an advanced degree
Must be sponsored by a U.S. employer
Requires a PERM labor certification (unless waived)
EB-2B: Exceptional Ability
You must show a degree of expertise significantly above what’s normally encountered in your field (sciences, arts, or business)
Must meet at least 3 of 7 criteria, such as:
Academic records
Letters from employers
Membership in professional associations
Recognition in your field
Requires employer sponsorship and PERM labor certification
National Interest Waiver (NIW)
For individuals who can demonstrate their work has substantial merit and national importance
Waives the need for an employer or PERM process
You must show:
Your work has national importance
You’re well-positioned to advance your field
It’s in the national interest to waive the job offer and labor certification
Common among researchers, entrepreneurs, healthcare workers, and climate/tech specialists
Generally longer than EB-1, especially for countries like India or China
Premium processing available for NIW and PERM-based cases
Wait times vary by country and visa bulletin status
You haven’t met in person in the last 2 years (without a valid exception)
You or your fiancé(e) are already married
You fail the background or financial checks
You don’t meet the education or experience requirements
Your employer doesn’t complete the PERM process (unless using NIW)
Your work doesn’t rise to the level of national interest (for NIW)
