EB-2

EB-2
Name	EB-2
Type	Employment-based immigration preference
Introduced	1990 Immigration Act
Administered by	United States Citizenship and Immigration Services, U.S. Department of Labor, U.S. Department of State
Related	Employment-based immigration preference categories, EB-1, EB-3

EB-2 EB-2 is an employment-based second-preference immigrant visa category for the United States that serves professionals with advanced degrees and persons with exceptional ability. It interacts with statutes, regulations, and agencies such as the Immigration and Nationality Act, U.S. Citizenship and Immigration Services, and the U.S. Department of State to determine immigrant visa allocation and adjustment of status.

Overview

EB-2 originates from amendments in the Immigration Act of 1990, codified within the Immigration and Nationality Act provisions administered by U.S. Citizenship and Immigration Services and adjudicated through processes involving the U.S. Department of Labor and the U.S. Department of State. The category is situated within the broader framework of employment-based immigration preference categories alongside EB-1 and EB-3, with numerical limits influenced by legislation such as the Immigration Act of 1990 and interpretations in decisions by the Board of Immigration Appeals and federal circuit courts like the U.S. Court of Appeals for the Ninth Circuit and the U.S. Court of Appeals for the D.C. Circuit. Policy guidance and preserved adjudicative standards reference agencies and institutions including the Administrative Procedure Act, the Federal Register, and precedents from the Supreme Court of the United States.

Eligibility Criteria

Eligibility hinges on meeting statutory definitions found in the Immigration and Nationality Act and implementing regulations in the Code of Federal Regulations. Qualifying subgroups include individuals with advanced degrees such as Master of Science, Master of Arts, Doctor of Philosophy, and equivalent degrees from accredited institutions like Harvard University, Massachusetts Institute of Technology, Stanford University, University of California, Berkeley, Columbia University, and University of Pennsylvania. Another subgroup covers persons with exceptional ability demonstrated by credentials, awards, or recognition from entities like the National Academy of Sciences, National Academy of Engineering, American Association for the Advancement of Science, MacArthur Fellows Program, Nobel Prize, Pulitzer Prize, and professional societies such as the Institute of Electrical and Electronics Engineers and the American Medical Association. Regulatory tests reference documents and standards from organizations including the American Association of Colleges of Nursing, Accreditation Board for Engineering and Technology, Association to Advance Collegiate Schools of Business, and national licensing bodies like the Federation of State Medical Boards and the American Bar Association where applicable.

Application Process

The EB-2 process typically requires a labor certification (PERM) from the U.S. Department of Labor unless waived; petitioning uses form I-140 filed with U.S. Citizenship and Immigration Services. Employers ranging from multinational corporations such as Google LLC, Microsoft Corporation, Amazon.com, Inc., Intel Corporation, Apple Inc., Pfizer Inc., Johnson & Johnson, Goldman Sachs, Morgan Stanley, and Deloitte to universities like Yale University, Princeton University, Johns Hopkins University, University of Michigan, and research institutions such as National Institutes of Health and Lawrence Berkeley National Laboratory commonly sponsor petitions. Judicial guidance from courts including the U.S. Court of Appeals for the Second Circuit and procedural memoranda from the U.S. Department of Labor shape case practice; adjudicators often consider evidence from employers, professional organizations like the American Chemical Society, American Physical Society, Royal Society, and industry certifications from Project Management Institute and Cisco Systems. Visa issuance occurs at U.S. embassies and consulates worldwide, with coordination by the U.S. Department of State and visa processing by consular posts in locations such as London, New Delhi, Beijing, Mexico City, Toronto, Sydney, Frankfurt, and São Paulo.

Priority Dates and Visa Availability

Visa availability is governed by the monthly Visa Bulletin published by the U.S. Department of State, which sets priority dates and per-country limits under statutory quotas influenced by the Immigration and Nationality Act. Retrogression and movement of dates have been subject to litigation and policy review by entities including the U.S. Senate Judiciary Committee, House Judiciary Committee, and commentary in the Federal Register. Backlogs commonly affect nationals of populous countries such as India, China, Philippines, and Mexico; other nationalities often see current availability. Remedies and proposals have been discussed in legislative contexts including bills considered by the United States Congress and advocacy by organizations such as the American Immigration Lawyers Association and Migration Policy Institute.

National Interest Waiver

The National Interest Waiver (NIW) allows certain advanced degree holders and persons of exceptional ability to bypass the labor certification requirement; adjudication standards reference the Matter of Dhanasar decision by the Administrative Appeals Office and prior precedent like the Matter of New York State Department of Transportation. Applicants often present evidence including publications in journals such as Nature, Science (journal), The Lancet, New England Journal of Medicine, and citation indices like those maintained by Clarivate Analytics and Google Scholar. Evidence can include letters from institutions like National Science Foundation, National Institutes of Health, Centers for Disease Control and Prevention, private research centers such as Broad Institute, and corporations including SpaceX and Tesla, Inc..

Rights, Limitations, and Employment Conditions

EB-2 beneficiaries adjusted to lawful permanent resident status acquire rights associated with the United States permanent residency system but remain subject to immigration controls and statutory inadmissibility grounds under the Immigration and Nationality Act. Conditions include employer sponsorship obligations for PERM-based cases, portability rules under provisions like the American Competitiveness in the Twenty-first Century Act, and potential audit by the U.S. Department of Labor. Employment realities involve sectors represented by organizations such as American Institute of Architects, National Association of Manufacturers, Information Technology Industry Council, Biotechnology Innovation Organization, and unions like the American Federation of Labor and Congress of Industrial Organizations. Litigation and policy developments arise via courts including the U.S. Court of Appeals for the Federal Circuit and oversight from congressional committees such as the House Committee on the Judiciary.

Category:United States immigration law