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Advanced Degrees or Exceptional Ability

EB-2 Eligibility Categories

The EB-2 visa has two primary eligibility subcategories, each with distinct requirements. In both cases, the position being offered in the U.S. must require an advanced level of expertise (a role that typically needs an advanced degree or unique skills). The two subcategories are:

Advanced Degree

EB-2 (A) Advanced Degree Professionals

Applicants who hold an advanced degree or its equivalent.

EB-2 (B) Individuals with Exceptional Ability

Applicants who can show exceptional ability in their field (science, art, or business).

Additionally, the EB-2 category includes a special provision called the National Interest Waiver (NIW). This is not a separate eligibility subcategory but an option that waives the job offer and labor certification requirements for applicants with advanced degrees or exceptional ability whose work benefits the national interest. Below, we explain each of these pathways.

EB-2 for Advanced Degree Professionals

Advanced Degree Subcategory (EB-2A): This pathway is for professionals who hold an advanced degree (or its equivalent) and whose job in the U.S. requires that level of education. An “advanced degree” generally means any degree above a bachelor’s. The minimum requirement is a U.S. master’s degree or higher (such as a Ph.D., M.D., J.D.) or an equivalent foreign degree. Significantly, a bachelor’s degree plus at least five years of progressive work experience in the field can qualify as the equivalent of a master’s degree for EB-2 purposes. Key points for this category include:

Educational Requirements

You must provide proof of your advanced degree with official academic records such as diplomas or transcripts. If qualifying based on a bachelor’s degree plus five years of experience, you need to submit your diploma along with letters from employers verifying at least five years of progressive post-baccalaureate experience in the field. (For example, an engineer with a B.S. and over five years of increasing responsibility in engineering may qualify as having the equivalent of a master’s degree.)

Job Offer
Requirements

The job you are being offered in the U.S. must require an advanced degree as a minimum qualification. In other words, the position should typically need a master’s degree or higher (or a bachelor’s plus five years of experience) to qualify. If the position normally only requires a bachelor’s degree, it would not meet the EB-2 advanced degree criteria, even if you personally hold a higher degree.

Examples

Common EB-2 advanced degree applicants include professionals such as engineers, doctors, lawyers, professors, researchers, or business managers, where a graduate degree is typical. For example, a software engineer position requiring a master’s degree in computer science could qualify under EB-2, while a technician role requiring only a bachelor’s degree would not.

By meeting these criteria and having a qualifying job offer, professionals with advanced degrees can apply for the EB-2 petition through their employer’s sponsorship. All standard EB-2 cases (excluding an NIW) require a permanent job offer and an employer who will act as the petitioner.

EB-2 for Individuals with Exceptional Ability

Exceptional Ability Subcategory (EB-2B): This pathway is for individuals who can demonstrate exceptional ability in the sciences, arts, or business. Exceptional ability means a level of expertise significantly above what is normally found in the field. Unlike the advanced degree category, this is not solely about formal education (though education can be one factor); it’s about showing you are a standout in your field through notable skills and achievements. Applicants must meet at least 3 out of the 6 regulatory criteria for exceptional ability, as defined by USCIS.

  • Academic Record: Proof of a degree, diploma, certificate, or similar award from a college, university, or other institution related to your area of exceptional ability.
  • Work Experience: Letters from current or former employers documenting at least 10 years of full-time experience in your occupation.
  • License or Certification: A license to practice your profession or a certification for your profession or occupation (if applicable).
  • High Salary or Remuneration: Evidence that you have commanded a salary or other significant remuneration for services that demonstrate your exceptional ability (i.e., you are paid at a high level indicating you’re above others in the field).
  • Professional Membership: Membership in professional associations in your field that require outstanding achievements of their members (not just paid memberships).
  • Recognition for Achievements: Recognition for your achievements and significant contributions to your industry or field by peers, government entities, or professional/business organizations (for example, awards, honors, media coverage).
  • Comparable Evidence: USCIS regulations allow “other comparable evidence” if the above standards don’t readily apply to your field. This means you can submit any evidence showing you have a degree of expertise far above the ordinary, even if it’s not included in the list above.

An EB-2 candidate with exceptional ability must provide substantial documentation to meet at least three of the criteria listed above. Fulfilling three criteria is the minimum requirement; however, you should aim to present the strongest possible profile with all relevant evidence of your expertise. Examples of individuals in this category include a researcher with numerous publications and awards, an entrepreneur with a history of business successes and recognitions, or an artist with prestigious accolades and high earnings, even if they do not hold an advanced degree. Similar to the advanced degree category, a job offer and labor certification are generally necessary for exceptional ability EB-2 cases (unless waived by NIW). The job itself should align with your exceptional ability and benefit from your unique expertise.