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EB-2 Green Card

Qualify for a green card through your advanced degree or exceptional ability. We handle your I-140 petition, National Interest Waiver cases, and every step between filing and approval.
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What the EB-2 Green Card Category Is

The EB-2 category is a second-preference employment-based immigrant visa for foreign nationals who hold an advanced degree or who have demonstrated exceptional ability in their field. It is one of the most common pathways for professionals with graduate degrees, researchers, engineers, medical professionals, and others whose work requires a high level of knowledge or skill.
There are two ways to qualify under EB-2. The first is through a standard employer-sponsored petition, which requires a completed PERM labor certification before the I-140 petition is filed. The second is through a National Interest Waiver, which allows a qualified individual to file without an employer sponsor and without a PERM labor certification if their work benefits the United States. Working with an EB-2 green card attorney gives you a clear picture of which route fits your background and gives you the strongest case.
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What the EB-2 Green Card
Green Card

Who Qualifies for an EB-2 Green Card

You may qualify under the EB-2 category if you meet one of the following criteria:

Advanced degree professionals:

  • You hold a U.S. master’s degree or higher, or a foreign equivalent
  • You hold a U.S. bachelor’s degree or foreign equivalent plus at least five years of progressive work experience in your field

Exceptional ability:

  • You have a degree, certificate, or award related to your area of exceptional ability
  • You have at least 10 years of full-time experience in your occupation
  • You hold a professional license or certification required to practice your occupation
  • You have commanded a high salary compared to others in your field
  • You are a member of professional associations in your field
  • You have been recognized for your achievements by peers, government agencies, or professional organizations

You need to meet at least three of the exceptional ability criteria listed above to qualify under that path.

Important Note: about the National Interest Waiver: NIW applicants do not need an employer sponsor or a labor certification. But the standard is higher. You must show that your work has national importance, that you are well positioned to advance that work, and that it would benefit the United States to waive the normal job offer requirement. Justin reviews your background carefully to determine whether your credentials support an NIW filing before you commit to that route.

How the EB-2 Green Card Process Works

The steps in your EB-2 case depend on whether you are going through the employer-sponsored route or filing a National Interest Waiver. Here is how each path moves:

Employer-Sponsored EB-2 Path:

1

PERM labor certification

Your employer files Form 9089 with the Department of Labor after completing the required recruitment campaign. See the PERM page for full details on this step.

2

File Form I-140

Once the labor certification is approved, your employer files the I-140 Immigrant Petition for Alien Workers with USCIS. Justin prepares this petition with full supporting documentation.

3

Wait for a visa number

EB-2 is subject to annual visa limits. Applicants from countries with high demand such as India and China often face long backlogs. Justin monitors the Visa Bulletin and advises you on your estimated wait.

4

File for adjustment of status or consular processing

Once your priority date is current, you either file Form I-485 inside the U.S. or complete the process at a U.S. embassy abroad.

National Interest Waiver Path:

1

Build and review your NIW evidence

Justin reviews your publications, citations, letters of support, and career record to assess the strength of your case.

2

File Form I-140 with NIW request

Justin prepares your petition with a detailed brief explaining why your work qualifies under the Dhanasar three-prong standard used by USCIS.

3

Wait for a visa number

The same annual limits apply. Your priority date is set on the day USCIS receives your I-140.

4

Adjustment of status or consular processing

Once your date is current, you complete the final steps inside the U.S. or at a U.S. embassy.

The EB-2 Petition: What the USCIS Officer Looks For

Strict Academic Equivalency

The officer checks that your foreign degree matches a U.S. advanced degree. The transcripts and evaluations must prove you completed the required education before your case began.

Ability to Pay the Offered Salary

For employer cases, the company must show they have enough money to pay your wage. They must provide tax returns or financial audits to prove their business health.

National Benefit Verification

If you apply for a waiver, the officer checks if your work has national importance. Your project must have the potential to drive progress in business, science, or education.

Justin's Comprehensive Review

Justin builds a deep packet of evidence. He gathers expert letters, degree evaluations, and business records so the government officer sees a clear picture of your eligibility.

Your Next Steps After Form I-140 Approval

Winning approval for your Form I-140 is a major success. It means USCIS agrees that you have the right credentials and that your job position qualifies for the EB-2 category. This approval locks in your priority date, which represents your place in the green card queue.
If your priority date is already current, you can file the final green card application immediately. If you must wait, Justin keeps your file updated and watches the government tracking lists every month. He keeps you ready to act the moment your window opens.
  • Form I-140 Immigrant Petition
  • National Interest Waiver Preparation
  • Foreign Degree Evaluation Coordination
  • Employer Financial Capacity Analysis
  • Adjustment of status being filled.
Your Next Steps
Justin-Scott-Kadich
Your Attorney

Working Directly With Justin

Justin Kadich handles every EB-2 case at American Dream Immigration personally. Whether you are going through an employer sponsor or filing a National Interest Waiver on your own, you work directly with Justin from the first eligibility review to the final approval. No case managers handle your file. EB-2 cases, especially National Interest Waivers, require a well-built evidentiary record. The quality of your support letters, the framing of your career impact, and the legal arguments in your brief all affect how USCIS views your case. Justin writes your NIW brief from scratch based on your specific background, not a recycled format from a previous client.

Frequently Asked Questions

What is the difference between EB-2 and EB-3?
EB-2 is for workers with advanced degrees or exceptional ability. EB-3 is for professionals with bachelor’s degrees, skilled workers, and some unskilled workers. EB-2 generally has a shorter wait time for applicants from most countries, though both categories are backlogged for applicants born in India and China. Justin compares both options during your consultation if you could qualify under either.
USCIS processing times for I-140 petitions vary. With premium processing, USCIS issues a decision within 15 business days. Without it, standard processing can take anywhere from several months to over a year. After approval, your wait for a visa number depends on your country of birth and your priority date relative to the Visa Bulletin.
Your spouse and unmarried children under 21 can be included as derivative beneficiaries. They file their own adjustment of status or consular processing applications based on your approved I-140 and priority date. Justin explains what each family member needs to prepare and file.
An I-140 denial can be challenged with a motion to reopen or reconsider, or appealed to the Administrative Appeals Office. The right response depends on the reason for the denial. Justin reviews the denial notice and advises on whether an appeal has strong grounds or whether refiling with additional evidence is a better approach.
Yes, but only through the National Interest Waiver route. Standard employer-sponsored EB-2 cases require a job offer and a completed PERM labor certification. The NIW is specifically designed for individuals whose work is important enough that the normal employer sponsorship requirement should be waived. Justin reviews your qualifications to determine if NIW is a realistic option for you.

Move Your Career and Your Immigration Forward Together

The EB-2 category rewards professionals who have built strong careers and have the credentials to prove it. Justin Kadich helps applicants put together compelling employer-sponsored petitions and National Interest Waiver cases. Schedule a consultation today to review your degrees and experience. You will work directly with an immigration attorney who personally manages your case from the first document review to green card approval.
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