EB-2 Visa
For professionals with advanced degrees or exceptional ability across key fields.
Includes the National Interest Waiver, allowing eligible individuals to self-petition under
defined criteria.
CASE STUDIES
- EB-2 NIW Case Study
- EB-2 National Interest Waiver (NIW)
- EB-2 NIW Case Study
- EB-2 National Interest Waiver (NIW)
- EB-2 NIW Case Study
- EB-2 National Interest Waiver
EB-2 Visa Requirements
EB-2: PERM
This category is designed for individuals who hold an advanced degree and a U.S. employer
job offer, and the employer must file a labor certification (PERM).
Eligibility Requirements:
- Applicants must have an advanced or a bachelor’s degree, including at least 5 years of progressive work experience in the specialty.
- Proven extraordinary ability and level of expertise above the ordinary in the field of science, arts, or business.
EB-2: NIW
This category allows individuals with exceptional ability to self-petition without employer
sponsorship if their work benefits the U.S. national interest.
Eligibility Requirements:
- Applicant is well positioned to advance the proposed endeavor.
- Applicants must have substantial merit and national importance.
- Applicant must show that it would be beneficial to the U.S. to waive the job offer.
Advantages of the EB-2: PERM
Employer-Sponsored Path to Permanent Residence
EB-2 PERM allows U.S. employers to sponsor qualified professionals for a green card based
on a permanent job offer. This provides stability for both the employer and the employee and
supports long-term workforce planning.
Clear Eligibility Standards
Eligibility under EB-2 PERM is based on objective criteria, such as education, experience,
and job requirements. This makes the category accessible to a wide range of skilled
professionals across industries.
Foundation for Long-Term Immigration Status
Once the PERM certification and immigrant petition are approved, applicants may proceed
toward permanent residence. For many professionals, EB-2 PERM serves as a solid stepping
stone to long-term stability in the United States.
Family Benefits Included
Spouses and unmarried children under 21 may be included in the green card process. Family
members are eligible to live in the U.S. and may apply for work and travel authorization,
helping ensure a smoother transition for the entire family.
Advantages of the EB-2: NIW
No Employer Sponsorship Required
One of the primary advantages of the EB-2 NIW is the ability to self-petition. Applicants are
not required to have a permanent job offer or employer sponsorship, providing greater control
over their career and immigration plans.
Labor Certification Is Waived
Unlike traditional EB-2 cases, the NIW eliminates the PERM labor certification process. This
removes a lengthy and complex step, allowing eligible applicants to move forward more
efficiently.
Broader Career Flexibility
As the petition is not tied to a specific employer, applicants have greater freedom to change roles,
employers, or pursue entrepreneurial opportunities, as long as their work continues to serve the
national interest.
Benefits for Immediate Family Members
Spouses and unmarried children under 21 may be included as derivative beneficiaries. Family
members can live in the United States and apply for work and travel authorization, supporting
a smoother transition for the entire family.
EB-2 PERM Processing Time
The EB-2 PERM process is a key step for professionals seeking U.S. permanent residence
through employer sponsorship. Processing time varies because it involves multiple stages,
each reviewed by different government agencies. The process begins with prevailing wage
determination, followed by mandatory recruitment to test the U.S. labor market. Once
recruitment is completed, the employer may file the PERM labor certification with the U.S.
Department of Labor.
PERM processing can take six to twelve months or longer, depending on government
workload and whether the case is selected for audit. After PERM approval, the employer files
Form I-140, establishing the applicant’s priority date. The final stage of adjustment of status
or consular processing depends on visa availability shown in the monthly Visa Bulletin.
Careful planning and accurate documentation are essential to avoid delays throughout the
EB-2 PERM process.
EB-2 National Interest Waiver (NIW) Processing Time
The EB-2 National Interest Waiver (NIW) allows eligible professionals to pursue U.S.
permanent residence without employer sponsorship or the PERM labor certification process.
Processing times can vary, as USCIS reviews each NIW petition individually based on the
strength of the evidence and the proposed work’s benefit to the United States. In most cases,
NIW petitions are adjudicated within approximately three to nine months. At present,
premium processing is not available for EB-2 NIW filings.
For individuals who may qualify under a higher preference category, alternatives such as the
EB-1A Extraordinary Ability green card may also be worth considering. While EB-1A does
not require employer sponsorship, it carries a higher evidentiary standard and stricter
eligibility requirements.
Choosing the right immigration pathway is critical. At Hobberman & Company, our
immigration attorneys carefully evaluate your profile and guide you through the most suitable
strategy, ensuring a clear, well-prepared, and efficient process from start to finish.
How Can An EB-2 Attorney Support You?
Eligibility Assessment and Case Direction
The process begins with a careful review of your education, work experience, and
professional goals. An attorney evaluates whether EB-2 through National Interest Waiver
(NIW) or EB-2 through Labor Certification (PERM) is the best fit and outlines a clear plan
from the start.
National Interest Waiver (NIW) Support
For NIW cases, an attorney helps present how your work benefits the United States. This
includes clearly explaining your field of expertise, professional impact, and future
contributions in a way that meets USCIS expectations.
Labor Certification (PERM) Guidance
For employer-sponsored EB-2 cases, an attorney guides both the employer and employee
through the PERM process. This includes ensuring compliance with recruitment requirements
and Department of Labor regulations.
Petition Preparation and Filing
An EB-2 attorney prepares and files the required petitions with careful attention to detail.
Each submission is supported by a clear legal explanation that connects your qualifications to
EB-2 requirements.
Responding to RFEs and Post-Approval Assistance
If USCIS requests additional information, an attorney prepares a timely and thorough
response. After approval, continued support helps ensure the next steps are handled smoothly.
Adjustment of Status (Form I-485)
For applicants in the United States, an attorney assists with filing Form I-485 and related
applications, guiding you toward lawful permanent residence.
Consular Processing for Applicants Abroad
For applicants outside the U.S., an attorney provides step-by-step support through consular
processing, including document preparation and interview readiness.