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Explore visasI-140Full guide

EB-2Advanced degree or exceptional ability (with labor certification)

For professionals with a degree above a bachelor's (or a bachelor's plus 5 years of progressive experience) and people of exceptional ability, sponsored by a U.S. employer.

At a glance

How you apply
Your U.S. employer files Form I-140, usually backed by a labor certification the Department of Labor (DOL) has approved
Checked Oct 18, 2026[1]
Who qualifies
A member of the professions holding a degree above a bachelor's (or a bachelor's plus 5 years of progressive experience in the specialty), or a person of exceptional ability in the sciences, arts, or business
Checked Oct 18, 2026[2]
Family
Your spouse (E22) and unmarried children under 21 (E23) may apply for green cards as your dependents
Checked Oct 18, 2026[3,4]
Work permit
Once your Form I-485 is pending in the U.S., you may generally apply for one on Form I-765
Checked Oct 18, 2026[4]
I-140 fee
$715 on paper or $665 online, plus an Asylum Program Fee of $600 ($300 for a small employer, $0 for a nonprofit). Form G-1055, edition 10/07/26
Checked Oct 18, 2026[5]

Overview

EB-2 is the employment-based second preference category for green cards. It is for members of the professions holding an advanced degree or its equivalent, and for people with exceptional ability in the sciences, arts, or business.[1,4]

This page covers the usual route: your U.S. employer first gets a permanent labor certification (PERM) from the U.S. Department of Labor (DOL), then files Form I-140 with U.S. Citizenship and Immigration Services (USCIS) for you. With a national interest waiver (NIW) you may file the I-140 yourself without a labor certification; that route has its own page.[1,8]

EB-2 green cards are numerically limited. The Immigration and Nationality Act (INA) gives EB-2 up to 28.6 percent of the worldwide employment-based level, plus any numbers EB-1 does not need, and there are also limits by country of chargeability (usually your country of birth). Your place in line is your priority date.[9,10]

Who qualifies

Route 1: advanced degree professional

  • An advanced degree is a U.S. academic or professional degree above a bachelor's, or a foreign equivalent. A U.S. bachelor's (or foreign equivalent) followed by at least 5 years of progressive experience in the specialty counts as a master's. If the specialty customarily requires a doctorate, you need a U.S. doctorate or a foreign equivalent.[2]
  • Holding the degree is not enough. The job in the labor certification must require, at a minimum, a professional holding an advanced degree or the equivalent, and the occupation must be a profession: one listed in the law, or one that requires at least a U.S. bachelor's degree or foreign equivalent for entry.[2,11]
  • You must already have had the degree, and have met every requirement of the job, on the date the labor certification application was filed.[1,11]

Route 2 is exceptional ability: a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. This is a lower standard than the extraordinary ability required for EB-1A. You must also be someone who will substantially benefit the national economy, cultural or educational interests, or welfare of the United States in the future, and your services must be sought by a U.S. employer. The petition must include at least 3 of the 6 types of evidence below; if they do not readily apply to your occupation, comparable evidence may be submitted, and the petitioner should explain why it is comparable.[2,11]

The six types of evidence for exceptional ability (8 CFR 204.5(k)(3)(ii)); at least three are required
TypeWhat it has to show
Academic recordAn official record of a degree, diploma, certificate or similar award from a college, university, school or other institution of learning, relating to your area of exceptional ability
Experience lettersLetters from current or former employers showing at least 10 years of full-time experience in the occupation
License or certificationA license to practice the profession, or certification for the profession or occupation
PayA salary or other pay for services that demonstrates exceptional ability
MembershipMembership in professional associations
RecognitionRecognition for achievements and significant contributions to the industry or field by peers, government entities, or professional or business organizations
Checked Oct 18, 2026[2]

Meeting three types does not settle the question. In a second step (the final merits determination), USCIS weighs all the evidence together to decide whether your expertise is significantly above that ordinarily encountered in your field, and a degree, diploma, license or certification is not, by itself, enough to show exceptional ability.[11,12]

Labor certification (PERM)

Every petition in this route needs an individual labor certification from DOL, an application for Schedule A designation, or proof that the occupation is a shortage occupation in DOL's Labor Market Information Pilot Program. The job it describes must require a professional holding an advanced degree or the equivalent, or a person of exceptional ability. Schedule A covers professional nurses and physical therapists (Group I) and people of exceptional ability in the sciences or arts, including college and university teachers, or in the performing arts (Group II). USCIS notes that a registered nurse job usually does not require an advanced degree, so most nursing positions do not qualify for EB-2 as an advanced degree professional.[1,2,11]

For a professional job, the employer recruits within the 6 months before filing. A 30-day job order with the state workforce agency (SWA) and ads on two different Sundays in a newspaper are mandatory and must run at least 30 but no more than 180 days before filing; if the job requires experience and an advanced degree and a professional journal would normally be used, one Sunday ad may be replaced by a journal ad. The employer also picks three more recruitment steps from the regulation's list; none may be more than 180 days before filing, and only one may take place entirely within the last 30 days. Separately, the employer gives notice of the filing to the union representing workers in that occupation, if there is one; if not, it posts the notice at the work site for at least 10 consecutive business days and also publishes it in the in-house media it normally uses to recruit for similar jobs. The notice must be given between 30 and 180 days before filing. Schedule A occupations and college and university teachers chosen through competitive recruitment follow different recruitment rules.[13,14]

Documents for the I-140

  • The original, individual labor certification, unless the original was already given to USCIS with a different petition; you may instead ask USCIS to request a duplicate from DOL. For a Schedule A occupation, a completed, uncertified Form ETA-9089 with all applicable appendices, a signed Final Determination, and a valid prevailing wage determination tracking number.[1,15]
  • Proof of qualification: an official academic record of your U.S. advanced degree or foreign equivalent, or of your bachelor's plus letters from current or former employers showing at least 5 years of progressive post-bachelor's experience in the specialty (or, for exceptional ability, at least 3 of the 6 types of evidence). Experience letters must give the writer's name, address and title and a specific description of your duties; if such letters are unavailable, USCIS will consider other documentation.[2]
  • Proof that your employer can pay the offered wage (ability to pay): copies of annual reports, federal tax returns, or audited financial statements. If the employer has 100 or more workers, USCIS may accept a statement from its financial officer. The employer must show this ability from the priority date until you become a permanent resident.[2]

Fees

USCIS fees from Form G-1055, edition 10/07/26, and 8 CFR 106.1, 106.2 and 106.4; State Department fee from 22 CFR 22.1. Check the current schedule before paying.
ItemAmountWhen it applies
Form I-140$715 paper / $665 onlineEach petition, filed by your employer
Asylum Program Fee$600; $300 for a small employer; $0 for a nonprofitPaid by the petitioner with each I-140. A small employer has 25 or fewer full-time equivalent employees in the U.S., counting affiliates and subsidiaries. A nonprofit here means a nonprofit primary or secondary school, an institution of higher education, a 501(c)(3) tax-exempt organization, or a governmental research organization. No online discount
Premium processing (Form I-907)$2,965Optional; requested by the petitioner (a beneficiary cannot file Form I-907); paid in addition to all other fees and cannot be waived
Form I-485$1,440 paper / $1,390 online; $950 / $900 for a child under 14 filing with a parent's I-485Each family member adjusting status inside the U.S.
Form I-765 work permit$260While an I-485 filed with its fee on or after April 1, 2024 is pending. No fee for an initial, renewal or replacement work permit if your pending I-485 was filed with its fee on or after July 30, 2007, and before April 1, 2024
Form I-131 advance parole$630 paper / $580 onlineTo travel while an I-485 is pending. No fee if the I-485 was filed with its fee on or after July 30, 2007, and before April 1, 2024
Immigrant visa application (State Department)$345 per personEach person applying for an employment-based immigrant visa at a consulate
USCIS Immigrant Fee$235Each person immigrating on an immigrant visa
Checked Oct 18, 2026[5,6,15,16,17,18]

Premium processing

With premium processing, USCIS issues an approval, a denial, a request for evidence (RFE) or a notice of intent to deny (NOID) within 15 business days of receiving the request and fee. An RFE or NOID stops the clock, and a new 15-business-day period starts when USCIS receives your response. If USCIS misses the timeframe it refunds the fee and keeps processing, unless it has opened a fraud or misrepresentation investigation. An I-907 filed together with the I-140 must be filed by mail.[6,19]

Timeframe: 15 business days

Enter a date to calculate.

From job offer to green card

  1. PERM with DOL

    Your employer gets a prevailing wage determination, recruits, and then files Form ETA-9089, online through DOL's Foreign Labor Application Gateway (FLAG) or by mail. The date DOL accepts the application for processing becomes your priority date. DOL certifies it, denies it, or selects it for audit.[2,8,13]

  2. Form I-140

    After certification, your employer files Form I-140 with USCIS. A labor certification expires 180 days after it is certified: USCIS must receive the I-140 within that period and rejects a petition that comes with an expired one. If the last day falls on a Saturday, Sunday or legal holiday, USCIS accepts a petition it receives by the next business day.[19]

  3. Wait for a visa number

    A visa is available to you when your priority date is earlier than the cutoff date for EB-2 and your country of chargeability in the applicable Visa Bulletin chart; "C" means visas are available to all qualified applicants in that category and country, and "U" means visas are temporarily unavailable. To file Form I-485, USCIS requires the Final Action Dates chart unless its Adjustment of Status Filing Charts page says the Dates for Filing chart may be used.[10]

  4. Green card

    There are two ways to finish. If you are in the U.S., you can apply for the green card on Form I-485 without leaving (adjustment of status), if you meet its requirements (see below). If you are abroad, or in the U.S. but want to apply abroad, you apply for an immigrant visa at a U.S. consulate (consular processing).[20]

Visa Bulletin · EB-2 · Oct 2026

Official
ChargeabilityFinal action datevs. last monthDate for filing
All countries (incl. Taiwan)——Mar 15, 2026
China (mainland-born)——Jan 1, 2023
India——Jan 15, 2015
Mexico——Mar 15, 2026
Philippines——Mar 15, 2026

USCIS accepts the Date for filing chart for employment-based I-485 filing in Oct 2026.

EB-2 · Cutoff date over time (Final action date)
All countries (incl. Taiwan)China (mainland-born)India
Current2012-012015-032018-052021-082024-1023/1024/0324/0825/0125/0625/1126/0426/09
Official

Source: USCIS — When to File Your Adjustment of Status Application: October 2026 (USCIS's copy of the Visa Bulletin chart it designated) · Retrieved Oct 12, 2026

USCIS published processing time

Official

Median from USCIS's quarterly report

  • I-140 · FY2026 Q3 · all offices3.9 months

    All I-140 categories combined; the report does not split I-140 by category.

Half of the cases USCIS completed in that quarter took this long or less, from receipt to decision. Half took longer. The report does not say whether premium-processing cases are included. It is a different measure from the processing-times tool, so the two are not compared.

For the current figure for your form and office, check USCIS directly: USCIS processing times

Official

Source: All USCIS Application and Petition Form Types (Fiscal Year 2026, Quarter 3) · Retrieved Sep 27, 2026

Spouse and children

Your spouse is classified E22 and your children E23. If they are not otherwise entitled to an immigrant status and an immediately available visa, the law gives them the same status and the same place in line as you when they come with you or follow to join you. A child here means unmarried and under 21.[3,4,9]

High confidence The family relationship has to exist when you become a permanent resident: when you are admitted on your immigrant visa, or when USCIS approves your I-485. A spouse married after that point is not entitled to derivative status. A child born after that point can still qualify if born of a marriage that already existed then.[4,12,21]

A child who turns 21 before getting the green card may still count as a child under the Child Status Protection Act (CSPA), as long as the child stays unmarried. The CSPA age is the child's age when a visa becomes available (the later of the I-140 approval date and the first day of the month the Visa Bulletin's Final Action Dates chart shows a visa available) minus the time the I-140 was pending; if the result is under 21, the child still counts as a child. The child must seek permanent residence within 1 year of that date, although USCIS may excuse a delay caused by extraordinary circumstances. Because the result turns on exact dates, an immigration attorney can apply it to your family.[22]

Adjustment of status (I-485)

Among other requirements, to adjust status in the U.S. you generally must have been inspected and admitted or paroled, be physically present when you file, and have a visa immediately available both when you file and when USCIS decides. You are ineligible if one of the bars to adjustment in INA section 245(c) applies to you. With the I-485 you include proof that you have kept a lawful status since arriving (or that INA 245(k) exempts you). The job in the I-140 must still exist with the employer that filed it and you must plan to take it, unless you have moved to a new job under INA 204(j) (see the FAQ). Form I-485 Supplement J confirms the job offer; include it unless you file the I-485 together with the I-140. If a visa is available, you may file the I-485 together with the I-140, while it is pending, or after it is approved (as long as it remains valid).[4]

While the I-485 is pending you may generally apply for a work permit on Form I-765 and for advance parole on Form I-131 to travel. If you leave the U.S. without an advance parole document while the I-485 is pending, you will generally be treated as having abandoned the application.[4]

Consular processing

If you are outside the U.S., or in the U.S. but will apply abroad, the approved I-140 goes to the State Department's National Visa Center (NVC), which collects fees and documents. At the interview the consular officer treats the approved petition as initial proof that you qualify (prima facie evidence), focusing on confirming its facts and checking for fraud rather than deciding the petition again, and confirms that you have the qualifications the labor certification is based on. After the visa is issued, you pay the USCIS Immigrant Fee so your green card can be produced.[12,20]

If you are on H-1B while you wait

If you are or were in H-1B status, you may be able to stay in H-1B beyond the 6-year limit: in increments of up to 1 year once at least 365 days have passed since your labor certification or I-140 was filed, or in increments of up to 3 years if your I-140 is approved and only the per-country limit keeps you from getting the green card. You lose the 1-year route if your petition is approved and you do not apply for the green card within 1 year of a visa becoming available, unless USCIS excuses it because the delay was due to circumstances beyond your control.[23]

An H-4 spouse may be eligible to apply for a work permit on Form I-765 once the H-1B worker is the beneficiary of an approved I-140, or once the H-1B worker's stay in H-1B status is authorized under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21). Both must currently be in H-1B and H-4 status.[23]

Common mistakes

  • Taking part in hiring for your own job. You, and your own agent or attorney, may not interview or consider U.S. applicants for the job offered to you, unless that agent or attorney is the employer's representative for this. Whoever does it for the employer must be the person who normally interviews applicants for similar jobs that do not involve labor certifications.[14]
  • Counting the wrong experience toward the 5 years. To stand in for a master's degree, the experience must come after the bachelor's degree, be progressive, and be in the specialty.[2,11]
  • Requiring more than you had when hired. If you already work for the sponsoring employer, the labor certification cannot require U.S. applicants to have more training or experience than you had when you were hired, unless you gained the extra experience while working for that employer (including as a contract employee) in a position that was not substantially comparable (a substantially comparable job involves the same duties more than 50 percent of the time), or the employer shows it is no longer feasible to train a worker for the job.[13]

Official I-140 statistics

Official USCIS statistics

Official

Decision approval rate · FY2026 Q3

97.4%

Approved 12,154 · Denied 323

▼ 0.8 pts vs. same period a year earlier (FY2025 Q3: 98.3%)

EB-2 · Decision approval rate
0%25%50%75%100%2022 Q42023 Q32024 Q22025 Q12025 Q42026 Q397.4%
EB-2 · Approved / Denied
ApprovedDenied
012.5k25k2022 Q42023 Q32024 Q22025 Q12025 Q42026 Q3

Approved ÷ (approved + denied) in the same period. Pending cases are not counted. Decisions in a quarter can come from petitions filed earlier, so this is the share of decisions that were approvals — not the chance that a petition filed today will be approved.

Official

Source: Form I-140 by Fiscal Year, Quarter and Case Status (Fiscal Year 2022, 4th Quarter, Jul. 1 - Sep. 30, 2022) · Published Dec 16, 2022 · Retrieved Sep 27, 2026

Source: Form I-140 by Fiscal Year, Quarter and Case Status (Fiscal Year 2023, Quarter 4) · Published Jan 11, 2024 · Retrieved Sep 27, 2026

Source: Form I-140 by Fiscal Year, Quarter and Case Status (Fiscal Year 2024, Quarter 4) · Published Dec 16, 2024 · Retrieved Sep 27, 2026

Source: Form I-140 by Fiscal Year, Quarter and Case Status (Fiscal Year 2025, Quarter 4) · Published Mar 24, 2026 · Retrieved Sep 27, 2026

Recent policy changes

Recent policy changes

Official

Updates

Ask WELIVEINUSA Visa

Ask WELIVEINUSA Visa

Answers come from our sourced database and your own timeline, sorted into fact, public data, inference and unknown. No AI model is used in this version, so questions outside what we cover get an honest "not covered".

Questions people ask

Can I file EB-2 myself, without an employer?

Only with a national interest waiver. Otherwise a U.S. employer must file the I-140 for you. The waiver route has its own page.[1]

Does a bachelor's degree plus work experience count?

It can. A U.S. bachelor's degree or foreign equivalent followed by at least 5 years of progressive experience in the specialty counts as a master's. The experience must come after the degree, and the job in the labor certification must itself require an advanced degree or the equivalent.[2,11]

My EB-3 I-140 is approved. Can I move to EB-2 and keep my priority date?

High confidence A new EB-2 petition must come with a labor certification (or Schedule A application) for a job that requires an advanced degree or the equivalent, or a person of exceptional ability, unless it qualifies for a national interest waiver. The priority date of your earlier approved petition carries over to the new petition, unless USCIS revoked that earlier approval for fraud or willful misrepresentation, revocation or invalidation of its labor certification, or material error. If your I-485 is pending, you may ask USCIS in writing to transfer it to EB-2; USCIS may grant this in its discretion if, among other things, you have continuously maintained eligibility for adjustment and a visa is immediately available in EB-2.[2,4]

Can I change employers after filing?

High confidence An approved I-140 stays valid unless its approval is revoked. To adjust status, the job in the I-140 generally must still exist with the employer that filed it. INA 204(j) is the exception: once your I-485 has been pending 180 days or more, you may move to a new job in the same or a similar occupational classification and keep using that I-140, with Form I-485 Supplement J. If you move before then, a new employer generally has to file a new petition for you; if your earlier I-140 was approved, the new petition keeps its priority date. Whether a particular job counts as similar depends on the facts; an immigration attorney can apply the rule to your case.[2,4]

Can I go through EB-2 from Taiwan?

Yes. The employer files in the U.S.; if you live outside the U.S., the approved I-140 goes to the National Visa Center, and the consulate schedules your interview once a visa is available and your priority date is current.[2,20]

Related categories

Content last reviewed: Oct 18, 2026 · General information, not legal advice.

Sources

  1. 1.Employment-Based Immigration: Second Preference EB-2 (includes National Interest Waiver filing tips)USCIS · Agency page · Checked Sep 27, 2026
  2. 2.8 CFR 204.5 - Petitions for employment-based immigrantseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  3. 3.22 CFR 42.11eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
  4. 4.Green Card for Employment-Based ImmigrantsUSCIS · Agency page · Checked Sep 27, 2026
  5. 5.Fee Schedule (Form G-1055) - USCISUSCIS · Form / instructions · Checked Oct 12, 2026
  6. 6.8 CFR 106.4 - Premium processing serviceeCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  7. 7.How Do I Request Premium Processing? - USCISUSCIS · Agency page · Checked Sep 27, 2026
  8. 8.Permanent Labor Certification (PERM)U.S. Department of Labor, Office of Foreign Labor Certification · Agency page · Checked Sep 27, 2026
  9. 9.8 U.S.C. 1153 (INA 203) — Allocation of immigrant visasOffice of the Law Revision Counsel, U.S. House of Representatives · Statute · Checked Sep 27, 2026
  10. 10.Visa Availability and Priority DatesUSCIS · Agency page · Checked Sep 27, 2026
  11. 11.USCIS Policy Manual, Volume 6, Part F, Chapter 5 — Advanced Degree or Exceptional AbilityUSCIS · USCIS Policy Manual · Checked Sep 27, 2026
  12. 12.9 FAM 502.4 EMPLOYMENT-BASED IV CLASSIFICATIONSU.S. Department of State (Foreign Affairs Manual) · USCIS Policy Manual · Checked Oct 18, 2026
  13. 13.20 CFR 656.17eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
  14. 14.20 CFR 656.10eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
  15. 15.Instructions for Form I-140 (edition 06/07/24)USCIS · Form / instructions · Checked Sep 27, 2026
  16. 16.8 CFR 106.2 - USCIS feeseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  17. 17.22 CFR 22.1 - Schedule of fees for consular services (Department of State)eCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  18. 18.8 CFR 106.1 - Fee requirements (definitions)eCFR (Office of the Federal Register) · Regulation · Checked Oct 12, 2026
  19. 19.I-140, Immigrant Petition for Alien Workers - USCISUSCIS · Form / instructions · Checked Sep 27, 2026
  20. 20.Consular ProcessingUSCIS · Agency page · Checked Sep 27, 2026
  21. 21.9 FAM 502.1 IV CLASSIFICATIONS OVERVIEWU.S. Department of State (Foreign Affairs Manual) · USCIS Policy Manual · Checked Oct 18, 2026
  22. 22.Child Status Protection Act (CSPA)USCIS · Agency page · Checked Sep 27, 2026
  23. 23.8 CFR 214.2(h) - Temporary employees (H-1B)eCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026