USCIS describes the second employment-based preference category, EB-2, for professionals with advanced degrees and for people with exceptional ability. A petition generally needs a labor certification from the Department of Labor, and two exceptions exist: a Schedule A designation and a national interest waiver.
Quick answer
| Route | What USCIS describes |
|---|---|
| Advanced degree | A U.S. degree above a bachelor’s or a foreign equivalent, or a bachelor’s plus at least five years of progressive experience; the job must normally require at least a bachelor’s |
| Exceptional ability | Expertise well above ordinary, shown by meeting at least three of six criteria, with comparable evidence also accepted |
| Labor certification | Generally required |
| Exceptions | Schedule A and the national interest waiver |
Everything on this page comes from the USCIS EB-2 page and the USCIS permanent workers page. This list is a reading aid. It does not decide whether anyone qualifies.
Route one: advanced degree
USCIS defines an advanced degree as a U.S. academic or professional degree, or a foreign equivalent, above the bachelor’s level. A U.S. bachelor’s degree or foreign equivalent plus at least five years of progressive experience in the specialty is treated as equivalent to a master’s degree. The job itself must be a profession that normally requires at least a bachelor’s degree. So the degree and the job are both read, not the degree alone.
The word progressive matters in the experience route. The page uses it without a longer definition, so what counts as progressive in a given career is not explained on the pages reviewed.
Route two: exceptional ability
Exceptional ability means expertise well above what is ordinary in the field. USCIS lists six criteria, and meeting at least three is required:
- An official academic record showing a degree, diploma, certificate, or similar award from a learning institution related to the area of exceptional ability.
- Letters from current or former employers documenting at least 10 years of full-time experience in the occupation.
- A license to practice the profession, or certification for the profession or occupation.
- Evidence of a salary or other remuneration for services that demonstrates exceptional ability.
- Membership in a professional association or associations.
- Recognition for achievements and significant contributions to the industry or field, from peers, government entities, or professional or business organizations.
The page also says that other comparable evidence of eligibility is acceptable. It does not say how much comparable evidence is enough, or how USCIS weighs the criteria against each other once three are met.
Labor certification
A second preference petition usually needs a labor certification approved by the Department of Labor on Form ETA-9089. For applications filed on or after June 1, 2023, USCIS says the Department of Labor’s FLAG system issues a signed Form ETA-9089, Final Determination, instead. In general, the certification confirms that qualified U.S. workers are not available at the prevailing wage and that hiring the foreign worker will not harm the wages and conditions of similar U.S. workers.
The same step affects timing. USCIS says the priority date for an employment case with a labor certification is the date the Department of Labor accepts it. The priority dates guide explains how that date is used.
Exception one: Schedule A
Schedule A occupations do not need a Department of Labor labor certification, because the Department has already found that there are not enough U.S. workers in them. USCIS names two groups:
- Group I: professional nurses and physical therapists.
- Group II: exceptional ability scientists and artists, and college or university teachers, together with exceptional ability performing artists.
A Schedule A petition still needs paperwork. USCIS says it includes an uncertified Form ETA-9089 with all appendices, a signed Final Determination, and a valid prevailing wage determination tracking number in Section E, Item 1.
Exception two: national interest waiver
A national interest waiver removes the job offer and the labor certification. USCIS outlines three parts:
- The proposed endeavor has substantial merit and national importance, with broader implications for a field, region, or the public rather than benefits to one employer alone.
- The person is well positioned to advance the endeavor, shown by education, skills, record of success, plans, and interest from customers, investors, or others.
- On balance, waiving the job offer and labor certification benefits the United States.
A person may self-petition under this route, according to the USCIS page. The page does not say what evidence is enough for any of the three parts.
What the page does not say
- It does not state an annual limit for EB-2.
- It does not say how long any step takes.
- It does not say whether a person from a given country must wait. For the country cap, see the guide on the per-country limit.
- It does not say which evidence USCIS finds most persuasive for a given criterion.
A self-check list as a reading aid
- Write down the job in the offer and check whether it normally requires at least a bachelor’s degree.
- Note whether the degree is above a bachelor’s, or whether a bachelor’s plus five years of progressive experience is on record.
- If the exceptional ability route is the one under review, count which of the six criteria have a document behind them.
- Check whether the occupation appears in Schedule A, Group I or Group II.
- If a waiver is the question, read the three parts and list which statements a document supports.
- Look up the priority date and compare it with the Visa Bulletin using the priority date checker.
The Green Card calculator hub collects the tools on this site. A result from any list is not an eligibility finding, and only USCIS decides a petition.
Frequently asked questions
Does EB-2 always need a job offer?
Generally yes, through the labor certification process. The national interest waiver is the exception USCIS describes, and Schedule A skips the labor certification step.
Is a master’s degree required?
USCIS says a degree above a bachelor’s counts, and a bachelor’s plus at least five years of progressive experience is treated as equivalent to a master’s.
Do all six exceptional ability criteria have to be met?
No. USCIS says at least three of the six, and comparable evidence is also acceptable.
Does meeting EB-2 mean a visa is available now?
No. Category eligibility and visa availability are separate. Availability depends on the priority date and the Visa Bulletin.
Related reading
- EB-2 and EB-3 India and the per-country limit
- Priority dates and the Visa Bulletin
- Green Card eligibility categories
- Is there a points system for a Green Card?
About this guide
This website is for information only. It is not affiliated with the U.S. government, does not give legal advice or consultations, and does not offer application services. A personal case belongs with USCIS or a licensed immigration attorney, and the current official pages control.
Last verified: October 2026. Sources: USCIS EB-2 page; USCIS permanent workers page.