An Employer’s Guide to EB-2 Visa Eligibility and How to Apply

Global mobility allows businesses to hire the best talent from across the globe. But it isn't always straightforward—particularly in the United States (US), where visa processes are complex and competitive.

The EB-2 visa offers a path to permanent residency for non-US citizens looking to work in the US. But hiring internationally through the EB-2 pathway can be a tough route to navigate. And most companies begin the EB-2 process unsure of the exact qualifications and evidence required. To avoid delays or missing out on losing top talent, it’s important that employers understand EB-2 visa requirements and how the application process works.

Deel Immigration helps you secure the EB-2 visa for your employees without the stress of managing the process yourself. Our immigration experts take care of the process on your behalf, handling everything from paperwork to compliance. We’ll also help you build a strong application to give you the best chance of securing the EB-2 visa. In fact, our expertise has earned us a 98%+ approval rate.

If you’re searching for clear, up-to-date guidance on EB-2 visa requirements and what employers need to do to successfully sponsor advanced-degree or exceptional-ability talent, this guide is for you.

What is an EB-2 visa?

An EB-2 visa is an employment-based visa that allows highly skilled, non-US citizens to work in the United States. The EB-2 visa is only available to candidates with an advanced degree (or equivalent) or exceptional ability in their field.

For employers facing critical skills gaps in fields like engineering, healthcare, technology, and research, the EB-2 visa offers a strategic solution. Unlike temporary work visas, the EB-2 leads directly to permanent residency, allowing companies to retain exceptional talent long-term without the uncertainty of visa renewals. This stability enables organizations to build diverse, world-class teams.

With Deel, employers can manage the entire EB-2 process in one place—tracking deadlines, centralizing documentation, and ensuring compliance—so sponsoring global talent is simpler, faster, and less stressful.

How to qualify for an EB-2 visa

The EB-2 visa is designed for highly skilled talent. To qualify, your candidate needs to meet one of two criteria. They must either hold an advanced degree or have exceptional ability in their field. If they meet one of these criteria, you’re on the right track.

It’s worth noting that there is also the National Interest Waiver (NIW) subcategory, which allows certain applicants to self-petition if their work benefits the US at a national level. No job offer, PERM, or employer sponsorship required.

For everyone else, an EB-2 usually requires a valid job offer and a PERM labor certification.

Not sure which route is right for your candidate? The experts at Deel Immigration can help you figure that out.

1. Advanced degree criteria

To qualify through the advanced degree route, candidates must hold a master's degree or higher, or a bachelor's degree plus five years of progressive post-degree experience. (Note: Progressive experience means increasing responsibility, complexity, or seniority within the field—not simply five years in any job.)

How to prove an advanced degree for an E-B2 visa

• Original diplomas and official transcripts
• Foreign credential evaluations (if degrees were earned outside the US)
• Detailed employment verification letters describing job duties, dates, and progression
• Professional licenses or certifications relevant to the position

Strong documentation at this stage prevents delays and strengthens the overall petition. Employers should verify that the candidate's degree directly relates to the offered position and that work experience demonstrates genuine career advancement.

2. Demonstrating exceptional ability

Exceptional ability means your candidate performs well above the typical professional in their field. It’s easier to meet than the EB-1 “extraordinary ability” standard, but still requires solid evidence.

To qualify under exceptional ability, candidates must meet at least three of the following six criteria established by USCIS:

Employers should help candidates gather documents that clearly show why their skills stand out—like expert letters, compensation data, specialized certifications, or industry awards.

See also: EB-2 Exceptional Ability Criteria Explained

National Interest Waiver (NIW) eligibility

The NIW is a special pathway for professionals whose work directly benefits the US. They don’t need a job offer or PERM, which makes it popular for researchers, founders, and talent working in fields like public health, clean energy, and infrastructure.

To qualify for an NIW, applicants must satisfy the three-prong test established in the Dhanasar framework:

1. Their work has clear merit and national importance
2. They’re well-positioned to move it forward
3. Waiving the job offer and PERM would benefit the US

Strong NIW applications include evidence such as:

• Published research or patents demonstrating innovation
• Letters from government agencies or recognized experts
• Business plans showing job creation or economic impact
• Awards, grants, or press coverage
• Evidence of leadership, speaking roles, or advisory positions

Employers can support NIW candidates by providing letters confirming the national significance of their work, even without formal sponsorship obligations.

Steps to apply for an EB2 visa as an employer

The EB-2 visa application process requires careful coordination across multiple government agencies and careful documentation. Most cases take 12–24 months, depending on the candidate’s country of origin and USCIS processing times.

The standard employer-sponsored EB-2 process follows this sequence: securing a job offer, completing PERM labor certification, filing Form I-140, and finalizing status through adjustment or consular processing. National Interest Waiver applicants skip the first two steps.

With Deel, employers can streamline this process using one centralized platform, making what can be a complex, months-long process far more manageable.

Here’s a breakdown of the steps involved.

1. Secure a valid job offer

Most EB-2 applications begin with a genuine, full-time job offer from a US employer. The role must genuinely require an advanced degree or exceptional ability, and the employer must demonstrate both the intent and financial ability to pay the offered wage.

The job offer should include:

• A detailed description of duties and responsibilities
• Required education and experience
• Salary and benefits
• Confirmation that the role is full-time and permanent

Don't be tempted to overstate the job requirements. If anything looks off, it can trigger PERM denials or audits.

Remember: For National Interest Waiver applicants, no job offer is required since they self-petition based on the national importance of their work rather than a specific employment relationship.

How to demonstrate that the job role meets EB2 criteria

• Clearly explain the minimum job requirements
• Connect requirements to real job duties
• Explain why the work can’t be done by someone with only a basic degree
• Keep the salary aligned with the skill level

2. Complete the PERM labor certification

PERM is the US Department of Labor (DOL) process that confirms no qualified US worker is available for the role, protecting domestic employment. This is the most time-intensive and compliance-heavy aspect of employer-sponsored EB-2 applications.

The PERM process includes three major phases:

1. Prevailing wage determination: The Employer requests the prevailing wage determination from the DOL to establish the minimum salary for the position. This is based on geographic location and job requirements, and the process typically takes two to six months.

2. Recruitment: Employers must test the US labor market by placing job advertisements in newspapers and on the state workforce agency website. You’ll also need to provide evidence of additional recruitment steps, such as job fairs, campus recruiting, or professional journal ads. All recruitment must occur within specified timeframes and follow strict documentation requirements.

3. Filing ETA Form 9089: Once recruitment finishes and no qualified US worker is found, you submit the PERM application via ETA Form 9089. The US DOL may approve it, or they could issue an audit requesting more evidence.

PERM applications cannot be amended once filed, so accuracy is critical.

3. File Form I-140 Immigrant Petition

Once PERM is approved (or for NIW cases, immediately), the employer or self-petitioning applicant files Form I-140, the Immigrant Petition for Alien Worker.

The I-140 petition must include:

• The approved PERM labor certification (for non-NIW cases)
• Proof that the candidate meets EB-2 requirements
• Employer’s ability to pay the offered wage (tax returns, annual reports, or audited statements)
• All supporting evidence (degrees, transcripts, experience letters, etc.)

For exceptional ability cases, include evidence of at least three qualifying criteria. NIW petitions require substantial documentation proving the three-prong national interest test.

Employers can request premium processing for an additional fee, reducing I-140 processing time from several months to 15 business days. This option provides faster certainty about petition approval but doesn't accelerate the overall green card timeline if visa numbers aren't immediately available.

4. Prepare documentation and evidence

Successful EB-2 applications have strong supporting documentation. Start gathering documents early and work with your candidate to compile evidence well before filing deadlines.

What evidence supports EB2 visa eligibility?

• Degree certificates and official transcripts
• Foreign credential evaluations (for non-US degrees)
• Detailed employment verification letters on company letterhead
• Professional licenses, certifications, and registrations
• Evidence of salary history and compensation
• Tax returns, W-2s, or pay stubs
• Articles, publications, or patents authored by the candidate
• Awards, honors, or professional recognition

For exceptional ability and NIW cases, expert recommendation letters are especially useful. These letters should specifically address how the candidate exceeds ordinary professional standards or how their work benefits US national interests.

Keep all files organized with clear labeling and ensure all documents are current and authentic. Any gaps or conflicting details can trigger requests for evidence or delays.

5. Adjustment of status and consular processing

After I-140 approval and once a visa number is available, the candidate completes the final step—either inside or outside the US.

Option A: Adjustment of status (inside the US)

Candidates already in the US file Form I-485 (Application to Register Permanent Residence or Adjust Status) with USCIS. This typically includes:

• Biometrics appointment
• Medical examination
• Employment authorization and advance parole documents (allowing work and travel during processing)
• Final interview (if required)

They can remain in the US while the green card is processed.

Option B: Consular processing (outside the US)

For candidates outside the US or those who prefer to complete the process abroad, the case transfers to the National Visa Center, then to the US embassy or consulate in the candidate's home country.

Steps include:

• Completing DS-260 immigrant visa application
• Submitting civil documents (birth certificate, marriage certificate, police certificates)
• Medical examination by an approved physician
• Visa interview at the US consulate

Both pathways require similar supporting documents and culminate in green card issuance. Adjustment of status typically offers more flexibility for candidates already in the US, while consular processing may be faster in some cases.

See also: Adjustment of Status Vs Consular Processing: Which to Choose?

Common challenges and how employers can avoid them

Even well-prepared EB-2 applications face potential obstacles. The most common challenges include insufficient documentation, inconsistent information, and weak national interest justification. Understanding these common pitfalls helps employers proactively address issues before they derail the process.

At Deel, we know the US visa system inside out. We help employers avoid common these common mistakes by flagging potential issues early, ensuring job roles meet EB-2 criteria, and streamlining evidence collection. That way, you can confidently secure global talent without delays or denials.

How Deel supports employers with EB-2 visa compliance and global hiring

EB-2 sponsorship comes with strict deadlines, heavy documentation, and constant coordination that can overwhelm even experienced employers. Deel keeps everything in one platform so employers can manage the entire process without manual tracking.

Deel makes the evidence-gathering phase simple. Employers can securely collect diplomas, transcripts, recommendation letters, and employment verification documents from candidates, automatically organizing them according to USCIS requirements. This centralization reduces the risk of missing documents or inconsistent information that often triggers requests for evidence.

And if you’re hiring beyond the US, Deel covers that too. You can hire employees or contractors in 150+ countries, run payroll, manage benefits, and stay compliant with local laws—all without setting up entities. While you sponsor an engineer for an EB-2, you can onboard a designer in Germany and pay a contractor in Singapore, all from the same platform.

Deel doesn’t replace immigration lawyers, but it makes their work faster and far smoother. You get audit-ready records, clean documentation, and timely reminders for prevailing wage, PERM, and filing deadlines.

For fast-growing teams, this turns immigration from a bottleneck into a hiring advantage. Less admin, more clarity, and a much easier path to bringing global talent into your US team.

Ready to hire global talent on an EB-2?

Managing the EB-2 visa process can be complex and time-consuming. But it doesn’t have to be.

Deel can help you take the stress out of hiring global talent. Our immigration experts are ready to help with your EB-2 visa application.

Visit Deel’s Immigration Services to learn how we can streamline the visa application process. Or, schedule your free consultation today.