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Employment Immigration

EB-2 Visa Lawyer: Advanced Degree, Exceptional Ability and NIW

By Growth FLPC

Attorney Advertising. Kyle Farmer, Farmer Law PC, Austin, TX.

General information, not legal advice. Law and USCIS pages checked October 29, 2026.

Short answer: EB-2 is an employment-based green card for professionals with an advanced degree and for people with exceptional ability in the sciences, arts or business. Most EB-2 cases start with a U.S. employer and a PERM labor certification from the Department of Labor. The National Interest Waiver (NIW) is the exception: you file for yourself, with no employer and no PERM.

Farmer Law PC is an immigration law firm based in Austin, Texas. Our attorneys work with employers and professionals across the United States. Immigration law is federal, so where you live doesn’t limit who can represent you.

Want to talk it through? Book a Free 15-Minute Intro Call. The intro call is a short introduction, not legal advice.

Who is EB-2 for?

Advanced degree professionals. This route is generally for professionals with a master’s degree or higher, or a bachelor’s degree plus at least five years of progressive experience, who have a permanent job offer from a U.S. employer. The employer sponsors the green card and completes PERM first.

People with exceptional ability. This route is generally for people in the sciences, arts or business whose ability stands well above others in their field. Like the advanced degree route, it usually starts with a U.S. employer and PERM.

National Interest Waiver (NIW). The NIW is generally for advanced degree professionals and people of exceptional ability whose work is in the national interest of the United States, such as researchers, engineers and founders. You file for yourself, with no job offer and no PERM. See our EB-2 National Interest Waiver page, or our EB-1A vs. EB-2 NIW comparison if you are also looking at EB-1A.

EB-2 routes at a glance

Route Advanced degree Exceptional ability National Interest Waiver
Generally for Master’s, or bachelor’s + 5 years’ experience Well above others in sciences, arts or business Either group; work in the national interest
Who files U.S. employer U.S. employer You
PERM labor certification Yes Yes No

Not sure which route fits? Book a Free 15-Minute Intro Call or call (512) 588-5909. The intro call is a short introduction, not legal advice.

How the EB-2 process works

  1. PERM. The employer completes the Department of Labor’s labor certification. Our PERM labor certification page explains this step.
  2. Form I-140. The employer files the green card petition with USCIS.
  3. Wait for your turn. Only a set number of green cards are issued each year, so you may have to wait before the last step.
  4. Green card. You apply for the green card itself.

With an NIW, you skip step 1 and file Form I-140 yourself. Steps 3 and 4 are the same.

Government filing fees change often. The current amounts are on the USCIS fee schedule (Form G-1055).

EB-2 vs. EB-3

Both are employment-based green cards, and both usually go through PERM.

  • EB-2 is for advanced degree professionals and people with exceptional ability. It’s the only one of the two with the National Interest Waiver.
  • EB-3 is for professionals with a bachelor’s degree, skilled workers and other workers. It always needs a U.S. employer, and it usually goes through PERM.

Our EB-3 visa page covers EB-3.

FAQ

Do I need a job offer for an EB-2 green card?
Usually, yes. Most EB-2 cases need a U.S. employer and PERM labor certification. The National Interest Waiver is the exception.

What is the National Interest Waiver?
It’s part of EB-2. If you qualify for EB-2 through an advanced degree or exceptional ability, the NIW lets you file for your own green card, with no job offer and no PERM, when your work is in the national interest of the United States.

What’s the difference between EB-2 and EB-3?
EB-2 is for advanced degree professionals and people with exceptional ability. EB-3 is for professionals with a bachelor’s degree, skilled workers and other workers.

Is EB-2 a green card?
Yes. EB-2 is a permanent residence category. Once the process is complete, you become a lawful permanent resident.

Talk with us about EB-2

Start with a free 15-minute intro call with Farmer Law PC. Our attorneys can help you see whether an EB-2 route, the National Interest Waiver or another path fits. The intro call is a short introduction, not legal advice.

Book a Free 15-Minute Intro Call or call (512) 588-5909.

Form notice: Submitting this form doesn’t create an attorney-client relationship. Next step: a free 15-minute intro call. Responsible attorney: Kyle Farmer, Farmer Law PC, Austin, TX.

Sources (checked 2026-10-29)

  • INA 203(b)(2) and 203(b)(3), 8 U.S.C. 1153 (Cornell LII): https://www.law.cornell.edu/uscode/text/8/1153
  • 8 CFR 204.5(k) and (l) (eCFR): https://www.ecfr.gov/current/title-8/section-204.5
  • 20 CFR Part 656, labor certification (eCFR): https://www.ecfr.gov/current/title-20/chapter-V/part-656
  • USCIS, Employment-Based Immigration: Second Preference EB-2 (last reviewed 01/15/2025): https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2
  • USCIS Policy Manual, Vol. 6, Part F, Ch. 5, Advanced Degree or Exceptional Ability (current as of October 27, 2026): https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-5
  • Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) (DOJ EOIR): https://www.justice.gov/eoir/page/file/920996/dl
  • USCIS, Employment-Based Immigration: Third Preference EB-3 (last reviewed 08/20/2026): https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3
  • USCIS, Visa Availability and Priority Dates (last reviewed 01/24/2025): https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates
  • USCIS, Form I-140: https://www.uscis.gov/i-140
  • USCIS, Form G-1055, Fee Schedule: https://www.uscis.gov/g-1055

Attorney Advertising. Kyle Farmer is the attorney responsible for this website. Farmer Law PC’s principal office is in Austin, Texas. Past results do not guarantee a similar outcome. Using this site or contacting us does not create an attorney-client relationship. Please don’t send confidential information until we confirm we can represent you. This article is general information, not legal advice.