United States

How the system works

1. Step 1: Identify which EB-2 route applies to you

   EB-2 has three routes. The advanced degree route requires that you be a member of the professions holding an advanced degree. The exceptional ability route requires you to show exceptional ability in the sciences, arts, or business. The National Interest Waiver is a waiver mechanism: it waives the job offer and labor certification requirements on national-interest grounds. The three are proved in entirely different ways, and choosing the wrong one puts the whole evidence package off target.

   uscis.gov/employment-based-immigration-second-preference-eb-2

2. Step 2: The advanced degree route — a degree, or a bachelor's plus five years

   The evidence is either an official academic record showing a US advanced degree or a foreign equivalent, or a US bachelor's degree or foreign equivalent together with letters from current or former employers showing at least five years of progressive post-bachelor's work experience. That second option is the one most often overlooked: not holding a master's degree does not by itself rule out EB-2.

   uscis.gov/employment-based-immigration-second-preference-eb-2

3. Step 3: The exceptional ability route — at least three of six criteria

   The exceptional ability route requires meeting at least three of the six regulatory criteria: a degree from an institution relating to the area of ability; letters documenting at least ten years of full-time experience in the occupation; a professional license or certification; evidence of salary or other remuneration demonstrating exceptional ability; membership of a professional association; and recognition for achievements and significant contributions to the industry or field. This is a counting standard, not an overall impression: reaching three is the explicit requirement.

   uscis.gov/employment-based-immigration-second-preference-eb-2

4. Step 4: The National Interest Waiver — self-petition, but three prongs to clear

   The defining feature of the National Interest Waiver is that you may self-petition and do not need to obtain a labor certification from the Department of Labor, which means not being tied to an employer. The trade-off is a three-prong test: first, that your proposed endeavor has substantial merit and national importance; second, that you are well positioned to advance it; third, that on balance it would be beneficial to the United States to waive the job offer and thus the permanent labor certification requirement. Separately, Schedule A occupations need no DOL-approved labor certification and instead submit a completed but uncertified Form ETA-9089 with a final determination.

   uscis.gov/employment-based-immigration-second-preference-eb-2

Key requirements and figures

Figures change. Each row shows the period it applies to and the source it came from.

What commonly blocks an application

These are frequent reasons a route is closed. Absence of a listed problem is not an eligibility decision.

• Assuming an approved EB-2 petition means a green card is available. Eligibility and priority-date availability are separate; the actual wait is set by the monthly Visa Bulletin and differs sharply by country of birth.

  uscis.gov/employment-based-immigration-second-preference-eb-2

• Meeting only two of the exceptional ability criteria. It is a counting threshold: three of the six are required, and depth of evidence does not substitute for the count.

  uscis.gov/employment-based-immigration-second-preference-eb-2

• Treating the National Interest Waiver as a publication count. The three prongs ask about the endeavor's national importance, your position to advance it, and whether waiving the labor certification benefits the United States.

  uscis.gov/employment-based-immigration-second-preference-eb-2

• Ruling out EB-2 for lack of a master's degree. A bachelor's plus at least five years of progressive post-bachelor's experience is an expressly listed alternative.

  uscis.gov/employment-based-immigration-second-preference-eb-2

• Having no employer on a non-NIW route. The advanced degree and exceptional ability routes normally need a job offer and labor certification; only the National Interest Waiver allows self-petition.

  uscis.gov/employment-based-immigration-second-preference-eb-2

Reviewed programs

• United States EB-1 priority worker — US EB-1 has three sub-categories. The extraordinary ability route needs no employer and no labor certification, but requires at least three of ten criteria — a counting threshold that depth of evidence does not substitute for.
• United States EB-2 National Interest Waiver — The US EB-2 National Interest Waiver allows self-petition without an employer or labor certification, but requires both EB-2 eligibility itself and the three-prong waiver test.

Official sources

• Immigration and citizenshipU.S. Government · Reviewed 2026-09-03
• Employment-Based Immigration: Second Preference EB-2U.S. Citizenship and Immigration Services (USCIS) · Reviewed 2026-09-06