The EB-2 visa is available to individuals who either hold an advanced degree or can demonstrate exceptional ability in their field. To qualify, you must meet the requirements of one of these two pathways, and, in most cases, you will also need a job offer and an approved labor certification unless you qualify for a National Interest Waiver. The heart of EB-2 eligibility comes down to proving your education, showing a high level of professional success, or establishing that your work strongly benefits the United States.
Understanding the Two EB-2 Eligibility Categories
The EB-2 category includes two primary routes. Both require strong documentation, but the type of evidence you will provide depends on which category fits your background.
EB-2 Advanced Degree Eligibility
To qualify under the advanced degree category, you must show that your job requires an advanced degree and that you meet that requirement.
You may qualify if:
- 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 and have at least five years of progressive, post-baccalaureate work experience.
We help applicants prepare degree evaluations, gather experience letters, and build a record that clearly supports the educational requirements for the offered position.
EB-2 Exceptional Ability Eligibility
If you do not have an advanced degree, you may qualify by proving exceptional ability in the sciences, arts, or business. You must meet at least three regulatory criteria, such as:
- Official records showing academic achievement.
- Evidence of ten or more years of full-time experience in your field.
- A current license or certification.
- Documentation of high earnings that shows your standing in the field.
- Recognition for achievements.
- Membership in professional associations.
Although this route does not require a graduate degree, it demands strong evidence of long-term, distinguished performance. In addition, applicants in the exceptional ability category usually need a job offer and labor certification unless they qualify for a National Interest Waiver.
How Advanced Degree and Exceptional Ability Pathways Differ
Both pathways lead to the same visa classification, but applicants choose different routes based on their background. The advanced degree option centers on academic qualifications and required work experience. In contrast, the exceptional ability option focuses on long-term achievement that sets you apart from others in your field.
When you are unsure which route fits you best, we will evaluate your education, experience, and professional accomplishments to determine the most strategic approach.
When an Applicant Might Pursue an EB-2 National Interest Waiver
Some applicants qualify for an EB-2 but want to avoid obtaining a labor certification or waiting for an employer to sponsor them. The National Interest Waiver (NIW) allows that.
What the National Interest Waiver Requires
To qualify for an NIW, you must show that:
- Your work has significant value for the United States.
- Your contributions have national importance.
- You are well-positioned to advance your field.
- Waiving the labor certification requirement benefits the country.
Applicants often pursue an NIW when their work involves public health, scientific research, technology, economic development, or other fields with broad impact.
Choosing the Right EB-2 Path
The strongest applications are built on a clear understanding of which category fits your background and long-term goals. You may have the qualifications for more than one pathway, but the requirements differ enough that choosing the right approach can affect how quickly and successfully your petition moves forward.
We will review your degrees, career history, publications, achievements, and professional trajectory to help you select the most effective EB-2 strategy.
Get Guidance That Helps You Move Forward
Choosing between the advanced degree option, the exceptional ability category, or an NIW is a significant decision. The process requires careful preparation, and we will help you identify your qualifications and build a persuasive petition from the start.
Contact Rahimi Law Firm, P.C. to discuss your EB-2 options and receive guidance tailored to your goals.