EB-2 Advanced Degree, Exceptional Ability & NIW Visa

EB-2 Visa Qualifications: Advanced Degree Professional

To qualify under the EB-2 advanced degree professional category, the offered position must require at least a bachelor’s degree or its equivalent as the minimum entry requirement. The beneficiary must hold an advanced degree (a U.S. academic or professional degree above a bachelor’s, or its foreign equivalent), or a U.S. bachelor’s degree (or its foreign equivalent) followed by at least five years of progressive, post-bachelor’s experience in the specialty. This combination is generally considered equivalent to a master’s degree.

The job must qualify as a professional occupation, meaning it is one of the professions listed in INA 101(a)(32) or is one that requires at least a bachelor’s degree for entry into the field. The foreign national must also meet any additional job requirements specified on the labor certification as of the priority date.

Evidence of Qualifications

Petitions must be supported by documentary evidence, such as:

• Official academic records showing the beneficiary holds a U.S. advanced degree or a foreign equivalent degree; or
• Official academic records showing a U.S. bachelor’s degree (or foreign equivalent), along with letters from current or former employers demonstrating at least five years of progressive, post-bachelor’s experience in the specialty.

If the occupation customarily requires a doctoral degree, then evidence of a U.S. doctorate or foreign equivalent degree must be provided.

Progressive experience must be directly related to the beneficiary’s degree or the proposed endeavor. For example, a bachelor’s degree in chemistry followed by five years of experience as a research chemist could establish equivalency to a master’s degree. However, experience unrelated to the specialty, such as restaurant management, would not qualify as progressive experience in chemistry.

Labor Certification Requirement

Most EB-2 advanced degree petitions must be accompanied by a U.S. Department of Labor (DOL)-certified Application for Permanent Employment Certification. For applications filed on or after June 1, 2023, this certification is processed through the DOL’s Foreign Labor Application Gateway (FLAG) system.

Certain occupations fall under Schedule A and are exempt from the standard labor certification process because the DOL has pre-determined a shortage of U.S. workers in those fields.

EB-2 Visa Qualifications: Exceptional Ability

The EB-2 classification is also available to individuals who can demonstrate exceptional ability in the sciences, arts, or business. Exceptional ability is defined as a degree of expertise significantly above that ordinarily encountered in these fields. Applicants must not only satisfy the evidentiary criteria outlined below but also demonstrate how their area of expertise directly relates to the proposed endeavor in the United States.

Criteria for Exceptional Ability

To establish eligibility, at least three of the following six criteria must be met:

• An official academic record showing a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning related to the area of exceptional ability
• Letters from current or former employers documenting at least 10 years of full-time experience in the occupation
• A license to practice the profession or certification for the occupation
• Evidence of a salary or other remuneration that demonstrates exceptional ability in the field
• Membership in professional association(s)
• Recognition for achievements and significant contributions to the industry or field by peers, government entities, or professional or business organizations

Eligibility Assessment

Meeting at least three criteria alone is not sufficient; USCIS also considers whether the evidence, taken as a whole, establishes that the beneficiary has a degree of expertise significantly above what is ordinarily encountered in the field. The beneficiary must also meet any requirements specified on the labor certification for the offered position, unless exempt.

Example of Application

For instance, a professional with substantial experience in computer science who does not hold an advanced degree may qualify under the exceptional ability category if at least three of the required criteria are satisfied and if the proposed endeavor in the United States is directly tied to computer science. By contrast, if that same individual proposed to pursue an unrelated endeavor, they would generally not qualify for the EB-2 classification even if exceptional ability in computer science were demonstrated.

EB-2 Green Card with National Interest Waiver (NIW)

The National Interest Waiver (NIW) provides a unique pathway within the EB-2 category, allowing certain applicants to bypass the usual requirements of a job offer and labor certification. Instead, applicants may self-petition if they can demonstrate that waiving these requirements would benefit the United States. This makes the NIW particularly attractive for entrepreneurs, researchers, and professionals whose work has broader implications for U.S. national, economic, or security interests.

USCIS evaluates NIW petitions using a three-prong test.

Prong 1: Substantial Merit and National Importance

The proposed endeavor must demonstrate both substantial merit and national importance. This goes beyond describing an occupation generally; applicants must provide a detailed explanation of the specific projects, objectives, and anticipated impacts of their work. Evidence should show that the endeavor has implications for a field, a region, or the public at large, not just benefits to a single employer.

Examples include developing new medical technologies with potential public health benefits, advancing a critical technology with wide adoption potential, or research that could strengthen U.S. economic competitiveness. By contrast, endeavors limited to local impact or personal business gain are unlikely to satisfy this requirement.

Prong 2: Well-Positioned to Advance the Endeavor

Applicants must establish that they are well-positioned to carry out the proposed endeavor. Evidence may include advanced education, prior achievements, documented success in similar projects, business plans, or letters of support from experts and industry leaders.

USCIS looks for clear indicators that the applicant has the background, resources, and momentum to advance the work. For example, a strong NIW case may show prior accomplishments that have garnered support from investors or institutions, or a track record of recognized research tied to critical and emerging U.S. technologies.

Prong 3: On Balance, Waiving the Job Offer and Labor Certification Benefits the United States

Finally, USCIS evaluates whether it would be beneficial to waive the job offer and labor certification process. This assessment often considers whether the labor certification process would be impractical—such as when the applicant’s expertise is unique or entrepreneurial in nature—or whether the applicant’s contributions could provide timely benefits to U.S. competitiveness, national security, or economic revitalization.

Strong positive factors include applicants with advanced STEM degrees working in critical technologies or projects supported by letters from U.S. government agencies or federally funded research centers.

Additional Evidence

While not mandatory, letters from U.S. government agencies or related entities endorsing the applicant’s work can be highly persuasive. Other supporting evidence may include market analyses, patents, funding commitments, or proof of anticipated job creation.

Process Overview

Once the labor certification is approved (not applicable for NIW cases), the U.S. employer, or NIW self-petitioner, files Form I-140, Immigrant Petition for Alien Workers, on behalf of the beneficiary. Premium processing may be requested, requiring USCIS to take action on the petition within 15 business days. If approved, the case is transferred to the National Visa Center (NVC) for further processing. The NVC then schedules the immigrant visa appointment at the appropriate U.S. consular post, subject to visa availability.

At the consular stage, the beneficiary must complete a medical examination and attend an immigrant visa interview. If the visa is approved, the beneficiary must enter the United States before the visa expires. Lawful permanent resident status begins upon entry, when U.S. Customs and Border Protection (CBP) endorses the immigrant visa.

Dependents of EB-2 Visa Beneficiaries

Spouses and unmarried children under the age of 21 may accompany or later join the principal EB-2 applicant as derivative beneficiaries. Once the principal petition is approved, dependents may also apply for immigrant visas based on the approved EB-2 petition.

Upon successful admission to the United States with an immigrant visa and CBP endorsement, dependents become lawful permanent residents (green card holders) at the same time as the principal applicant. This status grants them the right to live, work, and study in the United States without restriction.

Take the Next Step

Whether pursuing an EB-2 through an employer or self-petitioning under the NIW, the process can be complex. Our firm has extensive experience guiding professionals and families through every stage of the EB-2 process. Contact us today to discuss your case and explore the best strategy for achieving permanent residency in the United States. You can also book a consultation online through our booking platform.