EB-2 visa category

The EB-2 visa is designed for U.S. professionals with advanced degrees or exceptional abilities, presenting three subcategories: EB-2(A) for individuals with exceptional skills, EB-2(B) for those holding advanced degrees, and EB-2(C) for a waiver of job offer and labor certification when work is deemed to be in the national interest.

There are three categories for the EB-2 visa

How to apply for the EB-2 NIW visa

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EB-2 NIW processing time

For Form I-140, the processing time can take anywhere from 10.5 to 26.5 months, depending on where the applicant is filing from. After the applicant receives a notice of approval, they will then need to check the U.S. Department of State’s Visa Bulletin to see whether a green card is available.

Once a visa becomes available, the applicant may initiate the green card application process. If applying from within the United States, they will need to submit Form I-485. However, it's important to note that significant processing backlogs exist, and these can significantly impact the timeline for obtaining permanent residency.

Relatives of the EB-2 NIW visa holder


Derivative status for family members

While the primary focus of the EB-2 NIW is the individual beneficiary, the spouse and unmarried children under 21 years of age can be included in the immigration process as derivative beneficiaries. This means that they can accompany the principal applicant to the United States and obtain green cards based on the primary applicant's NIW.

Eligibility for work authorization

Once in the United States, the spouse of the EB-2 NIW beneficiary may be eligible to apply for work authorization through the U.S. Citizenship and Immigration Services (USCIS). This allows them to legally work in the United States during the processing of their green card application.

Access to education

Children accompanying the primary beneficiary can access education in the United States, and they may qualify for certain benefits available to the dependents of employment-based immigrants.