EB-2 advanced degree and national interest waivers
Green cards for advanced-degree professionals and people of exceptional ability, including national interest waivers.
Overview
EB-2 is the second-preference employment-based green card. It is for professionals with an advanced degree, or a bachelor’s degree plus 5 years of progressive experience, and for people with exceptional ability in the sciences, arts or business.
Most EB-2 cases need a U.S. employer to complete PERM labor certification first. The National Interest Waiver (NIW) is an exception. With an NIW, a person may file for themselves, with no job offer or PERM, if their work benefits the U.S. as a whole.
In September 2026, EB-2 was current for most countries, but China-born applicants faced a backlog and India’s category was unavailable. Dates change monthly.
Who qualifies
- Advanced degree: a U.S. master’s or higher (or foreign equal), or a bachelor’s plus 5 years of progressive post-degree experience, for a job that requires it.
- Exceptional ability: expertise well above what is normally seen, shown by at least 3 of 6 listed types of evidence (such as a degree, 10 years of experience, a license, high salary, memberships, or recognition).
- Regular EB-2 needs a job offer and an approved PERM labor certification, and the employer must show ability to pay the offered wage.
- NIW (Matter of Dhanasar) prong 1: the proposed work has substantial merit and national importance.
- NIW prong 2: the person is well positioned to advance the proposed work, based on education, skills, record and plans.
- NIW prong 3: on balance, it would benefit the U.S. to waive the job offer and labor certification.
- NIW applicants must still first qualify for EB-2 as an advanced degree professional or a person of exceptional ability.
At a glance
What it is
- Second-preference employment-based green card
- Usually requires labor certification unless a national interest waiver applies
- Priority dates depend on country of birth
Who it fits
- Professionals with a master’s degree or equivalent
- Founders and researchers whose work benefits the U.S.
How we help
- PERM or national interest waiver strategy
- Petition drafting and evidence
- Adjustment of status or consular processing
- Evaluate whether the NIW or a PERM-based EB-2 is the better fit
- Help draft a specific, measurable proposed endeavor statement
How the process works
Choose PERM or NIW
Decide whether an employer will sponsor through PERM or whether the person’s work supports an NIW.
PERM path: labor certification
The employer gets a prevailing wage, recruits, and files the labor certification with DOL.
Form: ETA-9141; ETA-9089 (via FLAG)Timing: PERM analyst review averaged about 336 days as of August 31, 2026
NIW path: build the case
Write a clear, specific description of the proposed work and gather evidence for all three Dhanasar prongs.
File the I-140
The employer (PERM) or the worker (NIW) files the immigrant petition.
Form: I-140 (with ETA-9089 for PERM cases)Timing: Premium processing: 15 business days for PERM-based EB-2; 45 business days for NIW
Wait for the priority date
Check the monthly Visa Bulletin for your country of birth.
Timing: China EB-2 final action date was Sept. 1, 2021 in the September 2026 bulletin
Final green card step
Adjust status in the U.S. or apply for an immigrant visa abroad.
Form: I-485 or DS-260
Documents to gather
- Degree diplomas, transcripts and a credential evaluation
- Experience letters showing progressive experience (for bachelor’s plus 5 years)
- Detailed statement of the proposed endeavor (NIW)
- Publications, citations, patents, grants or research funding
- Letters from independent experts and, where available, government or quasi-government agencies
- Business plans, investment or contract records (for entrepreneurs)
- Licenses and professional memberships
- For PERM cases: the certified labor certification and employer financial records
Common problems to avoid
- Describing the NIW endeavor too broadly, like ‘working in AI,’ instead of a specific plan.
- Arguing national importance based only on a worker shortage in the field.
- Relying mainly on letters rather than objective evidence like citations, funding or adoption of the work.
- For entrepreneurs, making general claims about economic benefit without concrete evidence.
- In PERM cases, writing job requirements that exceed the normal requirements for the job.
- Forgetting that China-born applicants may wait years even after approval.
What has changed lately
USCIS updated its Policy Manual NIW guidance on January 15, 2025. It clarified that a national shortage in a field does not by itself show national importance, that entrepreneurs need specific evidence, and that letters from government or quasi-government bodies can carry significant weight.
In the September 2026 Visa Bulletin, EB-2 was current for most countries, while the China final action date was September 1, 2021 and India was unavailable. The State Department warned EB-2 could retrogress.
DOL proposed on March 27, 2026, to raise prevailing wage levels for H-1B and PERM cases. As of September 2026 the rule was still a proposal.
Rules, fees and processing times change often. Ask us to confirm what applies to your case today.
Frequently asked questions
Do I need a job offer for an NIW?
No. You may file for yourself. You must show your planned work in the U.S. meets all three parts of the Dhanasar test.
Can a business owner or startup founder use the NIW?
Yes, in some cases. USCIS looks for specific evidence, such as investment, contracts, growth or other signs the business can have broad impact. General claims about creating jobs are usually not enough.
Is my bachelor’s degree enough for EB-2?
It can be, if you also have at least 5 years of progressive experience in the field after the degree, and the job or endeavor requires that level.
How long will a China-born EB-2 applicant wait?
In September 2026 the EB-2 China final action date was September 1, 2021, so applicants with later priority dates must wait. The date moves each month, so check the current bulletin.
Can I file both EB-1 and EB-2?
Yes. Many people file an EB-2 NIW and an EB-1A. If EB-2 is approved first, a later EB-1 approval can usually keep the earlier priority date.
Can I switch from EB-3 to EB-2, or the other way?
Often yes. An approved I-140 priority date can usually be kept for a later I-140 in another category. People sometimes ‘downgrade’ to EB-3 when that line is shorter.
- USCIS: Employment-Based Immigration: Second Preference EB-2
- USCIS Policy Manual, Volume 6, Part F, Chapter 5 (Advanced Degree or Exceptional Ability)
- Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016)
- eCFR: 8 CFR 204.5 (employment-based immigrant petitions)
- eCFR: 20 CFR Part 656 (PERM labor certification)
- DOL FLAG: Processing Times
- U.S. Department of State: Visa Bulletin
- Federal Register: Improving Wage Protections (DOL proposed rule, Mar. 27, 2026)
- Federal Register: Adjustment to Premium Processing Fees (Jan. 12, 2026)
- USCIS Archive: USCIS Updates Guidance on National Interest Waivers
Information current as of September 2026. General information only, not legal advice.
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General information only, not legal advice. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee a similar outcome, and no particular result is promised. Responsible attorney: JJ Zhang, Esq., Tez Law P.C., 4141 S. Nogales St., Suite C102, West Covina, CA 91792.