EB-2 Visa Lawyer: EB-2A, EB-2B, and National Interest Waiver

SimVisa is a Chicago-based immigration law firm that’s been helping clients overcome the procedural obstacles of U.S. immigration law for nearly two decades. While our office is in Chicago, we serve clients nationwide and provide personalized legal support at every step.

Understanding the EB-2 Visa: A Pathway for Outstanding Professionals

The EB-2 visa is an employment-based green card under the second-preference category. It's intended for professionals with advanced degrees or exceptional abilities in the sciences, arts, or business, as well as individuals whose work is in the national interest of the United States.

There are three subdivisions within the EB-2 category: EB-2A, EB-2B, and EB-2 NIW.

EB-2A (Advanced Degree Professionals)

To qualify for an EB-2A visa, you must hold a Master's degree, Ph.D., or foreign equivalent. Having a bachelor's degree plus at least five years of progressive experience in a given field also satisfies the requirements.

EB-2B (Exceptional Ability)

For the EB-2B category, you must demonstrate that your abilities in the sciences, arts, or business are significantly above what's ordinarily encountered in your field.

EB-2 NIW (National Interest Waiver)

This path allows applicants to self-petition without an employer sponsor or labor certification. You must show that your proposed work has substantial merit or national importance, and that waiving the job offer requirement would somehow benefit the United States.

EB-2A and EB-2B: The Employer-Sponsored Path

For the EB-2A and EB-2B categories, you'll generally need a U.S. employer willing to sponsor your petition. They must file Form I-140 on your behalf and, in most cases, complete the PERM labor certification process through the Department of Labor.

As part of the permanent labor certification requirement, your employer must demonstrate that no qualified U.S. workers are available for the position, and that hiring a foreign national won't negatively affect U.S. wages or working conditions. The PERM process can take a year or longer.

If you’re thinking about seeking an EB-2A or EB-2B visa, you’ll need the following documentation:

• Diplomas, transcripts, and credential evaluations (for EB-2A)
• Professional licenses related to your field
• Letters from employers verifying your experience
• Published work, awards, or membership in professional organizations (for EB-2B)
• Evidence of high compensation or other recognition in your field (for EB-2B)

EB-2 National Interest Waiver: How to Self-Petition Without an Employer

The national interest waiver (NIW) is the most flexible path within the EB-2 category. You don't need an employer sponsor, a job offer, or labor certification. Instead, you can file Form I-140 on your own behalf.

Under the Dhanasar framework (the standard USCIS uses to evaluate NIW petitions), you must satisfy three requirements:

• Substantial merit and national importance: Your proposed endeavor must offer meaningful value to the United States.
• Well-positioned to advance the endeavor: You must show that your background, expertise, and track record make you capable of carrying out your proposed work.
• Beneficial to waive the job offer: You must demonstrate that the benefits of your work to the U.S. outweigh the need to protect American jobs through labor certification.

The following types of evidence can strengthen your NIW petition:

• Detailed letters of support from recognized experts in your field;
• Media coverage or public recognition of your work;
• Documentation of grants, funding, or institutional support;
• A clear implementation plan for your proposed endeavor.

It’s worth noting that USCIS has been more closely scrutinizing NIW petitions in recent years, placing greater emphasis on measurable U.S. impact under the Dhanasar framework.

Fields like healthcare, STEM, and national security-adjacent work continue to perform well, while broadly framed endeavors face more questions. Because the interpretive standard is getting tougher to meet, working with an experienced attorney to build a well-documented case is more important than ever.

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The EB-2 Application Process

Regardless of the subcategory, the steps involved in applying for an EB-2 visa are largely the same. They are as follows:

• I-140 petition: Your employer must file Form I-140 for the EB-2A/EB-2B path. If you’re seeking a national interest waiver, you can file yourself.
• Labor certification (if applicable): Employer-sponsored cases require PERM labor certification before the I-140 can be approved. NIW applicants skip this step.
• Adjustment of status or consular processing: Next, you’ll apply for your green card through Form I-485 or through consular processing at a U.S. embassy abroad.
• Biometrics appointment and interview: You'll need to attend a biometrics appointment and, depending on your situation, may be called for an interview with a USCIS officer.

EB-2 Processing Times and Visa Availability in 2026

The time it takes to process your petition will depend on your specific category, filing method, and country of birth.

I-140 Petition

Standard processing currently takes approximately six to 12 months. Premium processing is available for $2,965 as of March 2026, with a 45-business-day guarantee for decisions on EB-2 NIW cases.

Visa Availability

As of mid-2026, the EB-2 category is current for most countries (all chargeability areas except China and India) on USCIS’s Visa Bulletin.

Applicants born in India face significant backlogs, and the Department of State has confirmed that the annual limit for EB-2 visas for India in Fiscal Year 2026 has been reached. EB-2 China also has a backlog. Visa bulletin dates change monthly, so always check the latest bulletin before filing.

Adjustment of Status

Wait times for adjustment of status can vary widely. Consular processing abroad may be faster in some cases, averaging six to 12 months. Seeking adjustment of status within the U.S. can take one to two years.

Labor Certification

For employer-sponsored cases, plan on adding approximately one year (or more) for the PERM process before the I-140 can be filed.

EB-2 Visa Costs in 2026

The government filing fees for the EB-2 visa include:

• Form I-140 filing fee: $715
• Asylum Program Fee (self-petitioners): $300–$600, depending on employer size
• Form I-485 (adjustment of status): $1,440
• Biometrics fee: Included in filing fees
• Premium processing (optional): $2,965

Additional costs may include any ordered medical exams, credential evaluations, document translations, and consular processing fees ($325 for Form DS-260) for applicants filing from abroad.

USCIS fees are subject to change. An immigration lawyer from SimVisa can help you better understand the full cost breakdown and determine whether premium processing makes sense in your case.