ImmigrantEmployment-basedPERM (unless NIW)Annual capForm I-140

EB-2 Advanced Degree or Exceptional Ability

Second-preference green card for advanced-degree professionals and people of exceptional ability. A National Interest Waiver removes the job offer and labor certification requirement.

Last reviewed Oct 1, 2026Sources: USCISReport an error

At a glance

Result: Permanent residence (green card)
Annual numbers: 28.6% of the employment-based limit, plus unused EB-1
Petition: Form I-140 — $715 paper / $665 online
Labor certification: Required unless NIW or Schedule A
Final action date (most countries): Jan 1, 2025
Premium processing: 15 days; 45 for NIW

NIW guidance updated January 15, 2025. USCIS Policy Alert PA-2025-03 clarified that a National Interest Waiver petitioner must first prove eligibility for EB-2 itself (advanced degree or exceptional ability), and added guidance on national importance, recommendation letters and entrepreneurs. It applies to petitions pending or filed on or after that date.

Overview

EB-2 is the second employment-based preference. It covers members of the professions holding an advanced degree (a U.S. degree above a bachelor’s, or a bachelor’s plus 5 years of progressive experience in the specialty) and people of exceptional ability in the sciences, arts or business.

Normally an employer must obtain a PERM labor certification from the Department of Labor and then file Form I-140. Under the National Interest Waiver (NIW), USCIS can waive the job offer — and so the labor certification — when that is in the national interest; NIW applicants may petition for themselves.

Congress sets the employment-based preference level at at least 140,000 visas a year; EB-1, EB-2 and EB-3 each receive 28.6% of it, and EB-4 and EB-5 each receive 7.1% (Visa Bulletin, October 2026). The per-country limit for FY 2027 is 25,620 preference visas. EB-2 is backlogged for all countries in the October 2026 bulletin, with long waits for India and China.

Who qualifies

Meet one EB-2 basis

Advanced degree: a U.S. academic or professional degree (or foreign equivalent) above a bachelor’s, or a bachelor’s followed by at least 5 years of progressive post-degree experience in the specialty; the job must require it.
Exceptional ability: expertise significantly above that ordinarily encountered, shown by at least 3 of 6 criteria — a degree in the field, letters showing at least 10 years of full-time experience, a professional license, a salary showing exceptional ability, professional association membership, or recognition for achievements.

National Interest Waiver — the Matter of Dhanasar test

Established in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016); the petitioner must first qualify for EB-2.
The proposed endeavor has both substantial merit and national importance.
The person is well positioned to advance the proposed endeavor.
On balance, it would benefit the United States to waive the job offer and labor certification.
USCIS guidance notes that advanced STEM degrees tied to critical or emerging technologies can weigh in favor of the second prong, while broad claims of economic benefit or job creation alone do not establish an entrepreneur’s eligibility.

Without an NIW

A U.S. employer offers a permanent job and obtains an approved PERM labor certification (Form ETA-9089), unless the job is a Schedule A occupation.
The employer must show a continuing ability to pay the offered wage.

Duration & extensions

Green card	10-year card, renewable
Conditional period	None for EB-2
Labor certification validity	180 days to file the I-140 after DOL certification (DOL)
Naturalization	Generally after 5 years as a permanent resident (USCIS)

Fees

Government fees for an EB-2 case, as published on October 1, 2026:

Fee	Amount	Who pays	Notes
Form I-140 filing fee	$715 paper / $665 online	Petitioner	Per USCIS Fee Schedule G-1055 (edition 10/01/26).
Asylum Program Fee (with Form I-140)	$600 / $300 / $0	Petitioner	$600 regular petitioner; $300 small employer or self-petitioner; $0 nonprofit. G-1055
Premium processing (Form I-907) for Form I-140	$2,965	Petitioner	Optional; in effect since March 1, 2026. G-1055
Form I-485 (adjustment of status, age 14+)	$1,440 paper / $1,390 online	Each applicant	Applicants under 14 filing with a parent: $950 paper / $900 online. G-1055
Form I-765 (work permit while I-485 is pending)	$260	Applicant	Reduced fee applies if Form I-485 was filed with a fee on or after April 1, 2024 and is still pending. G-1055
Immigrant visa application processing fee (consular processing)	$345	Each applicant	For applications based on an approved I-140 or I-526/I-526E petition. State Dept fees
USCIS Immigrant Fee	$235	Each immigrant visa holder	Paid after the immigrant visa is issued, to produce the green card. G-1055

Fees change; confirm on the USCIS Fee Schedule and the State Department’s visa fee page before paying. A biometrics fee is not listed separately for these forms in G-1055. The $300 Asylum Program Fee rate applies to self-petitioners, which includes NIW applicants filing for themselves.

Processing time

Premium processing — EB-2 (not NIW): 15 business days; USCIS
Premium processing — EB-2 NIW: 45 business days; USCIS
Final action date (Oct 2026): Jan 1, 2025; China: Oct 1, 2021 · India: Nov 1, 2013 (Visa Bulletin)

PERM and prevailing wage processing times are posted by DOL at flag.dol.gov; USCIS times are at USCIS processing times. For October 2026 USCIS accepts employment-based I-485 filings under the Dates for Filing chart (EB-2: most countries March 15, 2026; China January 1, 2023; India January 15, 2015).

Application steps

1
Labor certification (unless NIW)
The employer obtains a prevailing wage determination, tests the U.S. labor market and files Form ETA-9089 through FLAG.
2
File Form I-140
Within 180 days of certification, the employer files Form I-140; NIW applicants file Form I-140 themselves with evidence for each Dhanasar prong.
3
Wait for the priority date
The priority date must be earlier than the date in the Visa Bulletin chart USCIS designates that month.
4
Adjust status or apply abroad
File Form I-485 in the United States, or complete National Visa Center processing and a consular interview.
5
Biometrics and decision
Attend biometrics and any interview; on approval the green card is issued.

Required documents

Common evidence

Degree certificates and transcripts (with evaluation of foreign degrees) and experience letters
Evidence of at least 3 exceptional-ability criteria, if claimed
Approved ETA-9089 labor certification, or for NIW a statement and evidence on each Dhanasar prong (plans, letters, publications, funding, results)
Employer evidence of ability to pay (non-NIW)
Passport and civil documents for Form I-485 or the immigrant visa

Dependents & family

A spouse and unmarried children under 21 may immigrate as derivatives with the same priority date (INA 203(d), as summarized in the Visa Bulletin). Each files a separate Form I-485 or immigrant visa application.

After you arrive

EB-2 leads directly to permanent residence:

Step 1

Receive the green card

Consular immigrants pay the $235 USCIS Immigrant Fee after visa issuance.

Step 2

Naturalize

Most permanent residents may apply for citizenship after 5 years (USCIS).

Since May 21, 2026, USCIS policy memo PM-602-0199 tells officers to treat adjustment of status as extraordinary, discretionary relief. It recognizes dual-intent nonimmigrant categories (such as H-1B and L-1) as an exception, but states that holding dual-intent status is not by itself enough for a favorable decision. Nationals of countries covered by Proclamations 10949 and 10998 face a suspension of immigrant visa issuance (with limited exceptions); a separate 75-country immigrant visa pause that began January 21, 2026 ended on August 21, 2026 under a court order.

EB-1

Priority workers

Higher preference for extraordinary ability, researchers and managers.

EB-3

Skilled workers and professionals

Third preference; also PERM-based.

H-1B

Specialty occupation

Dual-intent work visa many EB-2 applicants hold while waiting.

Gold Card

Gold Card program

Gift-based petition that can use the EB-2 NIW classification.

O-1A

Extraordinary ability (temporary)

Nonimmigrant option for top performers.

Common questions

Can I file EB-2 without an employer?

Only with a National Interest Waiver. NIW applicants may self-petition on Form I-140 if they meet EB-2 and all three Dhanasar prongs.

Does a bachelor’s degree ever qualify?

Yes — a U.S. or foreign-equivalent bachelor’s followed by at least 5 years of progressive experience in the specialty is treated as equivalent to a master’s (USCIS).

What changed for NIW in January 2025?

PA-2025-03 requires proof of EB-2 eligibility first, and adds guidance on national importance, letters and entrepreneurs. Working in a shortage field alone is not enough.

How long is premium processing for an NIW?

45 business days, versus 15 for other EB-2 petitions; the fee is $2,965 (USCIS).

Official sources

Recent changes

Sep 18, 2026
New Form I-485 edition required. USCIS rejects the 01/20/25 edition of Form I-485 if postmarked or electronically submitted on or after September 18, 2026; only the 09/18/26 edition is accepted, with no grace period. Source ↗
Sep 18, 2026
2022 public charge rule rescinded. A DHS final rule (91 FR 45324) rescinding the 2022 public charge regulations took effect September 18, 2026. It applies to applications for admission made, and adjustment applications postmarked or electronically submitted, on or after that date; USCIS lists employment-based categories among those subject to the public charge ground. Source ↗
Aug 24, 2026
Court enjoins USCIS adjudication holds for nationals of 39 countries. In Red Eagle Law, L.C. v. Edlow (N.D. Cal.), the court enjoined PM-602-0192 and PM-602-0194 for a certified class of citizens or natives of the countries listed in Proclamations 10949 or 10998 (or the Palestinian Authority) and ordered USCIS to adjudicate their applications in the normal course. USCIS says it will follow the order pending further judicial review. Source ↗
Aug 21, 2026
Immigrant visa pause for 75 nationalities ends. Under the court’s order in CLINIC et al. v. Rubio et al., the January 2026 pause of immigrant visa issuance to nationals of 75 countries is no longer in effect as of August 21, 2026. Source ↗
Jun 5, 2026
Court vacates USCIS benefit-hold memos agency-wide. In Dorcas International Institute of Rhode Island v. USCIS (D.R.I.), the court vacated PM-602-0192, PM-602-0194 and PA 2025-26, which had put on hold benefit requests (including adjustment of status) from nationals of the countries listed in Proclamations 10949 and 10998. Final judgment was entered June 11, 2026, and USCIS says the vacatur applies agency-wide. Source ↗
May 21, 2026
PM-602-0199: adjustment of status treated as “extraordinary” discretionary relief. USCIS policy memo directs officers to weigh that adjustment of status is an act of administrative grace not meant to replace consular processing. It acknowledges exceptions for dual-intent nonimmigrant categories, but says dual-intent status alone does not warrant a favorable exercise of discretion. Source ↗
Mar 1, 2026
Premium processing fee for Form I-140 rises to $2,965. Final rule published January 12, 2026 (91 FR 1059) adjusted premium processing fees for inflation; the Form I-140 fee rose from $2,805 to $2,965 for requests postmarked on or after March 1, 2026. Source ↗
Jan 21, 2026
Immigrant visa issuance paused for nationals of 75 countries. The Department of State paused immigrant visa issuance to nationals of 75 countries while reviewing public-charge screening. The pause ended August 21, 2026 under a court order. Source ↗
Jan 1, 2026
Proclamation 10998 entry restrictions take effect. Proclamation 10998 (signed December 16, 2025) took effect January 1, 2026, fully suspending visas, including all immigrant visas, for nationals of 19 countries plus Palestinian Authority travel documents, and suspending all immigrant visas for nationals of 20 more countries (for 19 of them, also B, F, M and J visas), subject to listed exceptions. Source ↗
Jun 4, 2025
Proclamation 10949 restricts entry from listed countries. Presidential Proclamation 10949 suspended visa issuance, including immigrant visas, for nationals of designated countries; it was later expanded by Proclamation 10998. Source ↗
Jan 15, 2025
Updated National Interest Waiver guidance (PA-2025-03). Clarifies that NIW petitioners must first qualify for EB-2, explains how USCIS assesses national importance, recommendation letters and business plans, and says broad claims of economic benefit do not establish an entrepreneur’s eligibility. Effective immediately for pending and new petitions. Source ↗

This page is general reference material compiled from the official sources above and is not legal advice. Eligibility depends on individual facts; rules and fees change, so confirm with the agency before you file. VisaTypes.com is not affiliated with USCIS, the Department of State or any government agency. Spotted an error? Tell us.