Introduction
If you are trying to immigrate through the EB2 process and feeling a bit lost as the numbers of new immigrants going through the system are growing, in this article we go through step by step the entire process of EB2 immigration, and then in more detail, we describe how to prepare your application for processing, and we highlight and explain the most common problems encountered by many applicants.
For the growing body of EB2 eligible individuals, the process of becoming EB2 immigrants will change in 2026 and therefore it is now more important than ever for individuals who are interested in EB2 immigration to become thoroughly understand the process of immigration through the EB2 category of employment-based immigration through the approval of a permanent resident visa.
Understand EB2 Visa Eligibility Criteria
You wonder how the process of immigration via the EB2 category works? This process of immigration in the EB2 category will proceed as long as the foreign applicant for EB2 immigration in general fulfills a number of requirements.
- Advanced Degree: Hold a Master’s degree or higher, or hold a Bachelor’s degree and have more than 5 years of experience in a specialized field.
- Exceptional Ability: This category qualifies for EB2 immigration if the individual has exceptional ability in the sciences, arts, or business. Awards, professional memberships and contributions to work in the sciences, arts or business qualify and the required proof of qualifications is detailed in 3. below.
- Job Offer: There are exceptions to the requirement of having a job offer for EB2 applicants. Thus, applicants applying for EB2 classification under the National Interest Waiver (NIW) category (e.g. professors, researchers) can self-petition for approval of immigrant permit applications under EB2 classification.
- Labor Certification: In order to qualify for EB2 immigration, the applicant must receive a labor certification (PERM) from the U.S. Department of Labor. The intent of this step in the EB2 immigration process is to determine whether there are sufficient qualified U.S. workers for the specific position offered to the applicant for EB2 immigration and for work in the applicant’s field.
Applying for and receiving EB2 immigration can be a very confusing and complex process for people, and therefore it is best to seek the advice and assistance of an experienced EB2 immigration attorney, so that applicants have an understanding of the EB2 process and what to expect along the way, including any potential delays or denials of an EB2 application. The immigrant permit category for the EB-2 India immigrants is not available currently and remains to be made available by September 30, 2026. In the meantime, the EB-2 category has stayed fully Current for applicants from Mexico and the Philippines, and for the most part, for applicants from other countries as well. This category remained Current for May 2016 and for June 2016, as published in the July 2016 Visa Bulletin.
Prepare and Submit Your EB2 Visa Application
Below are the Essential Steps to go through and complete the required immigration petition in order to obtain a Green Card in the EB2 category by using I-140, Form for Permanent Residence based on Employment of an Individual.
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Start to gather the necessary documents to fill out the I-140 form: In order to start filling out the I-140 form for Permanent Residence based on Employment of an Individual in the EB-2 category for Green Card application through IMMIGRATION PROCESSING, the following documents need to be collected.
- Academic credentials (degrees, transcripts)
- Evidence of work experience (letters from employers, pay stubs)
- Proof of exceptional ability (awards, publications)
- A job offer letter (if applicable)
- Remember that EB-2 NIW cases do not require labor certification, therefore the required documents for proof of employment would be less than typical EB-3 cases.
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Next, fill out Form I-140 carefully: This will also have to be done carefully in order to prevent any kind of delay. It is very important that all sections are filled completely and that you include all relevant information in order to guarantee approval. In particular, you have to explain and prove that your work has substantial merit and national importance.
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Payment of Application Filing Fees: $715 as of 2026 for Form I-140 application (new application). You can pay for premium processing of I-140 applications at the additional cost of $2,965, for I-140 processing within 45 business days. Please refer to USCIS official government website for most updated Form I-140 application and related fees information.
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Send the application: Now you can confidently send the immigration petition (in this case EB2 Permanent Residency) together with the necessary supporting documents for approval by the USCIS Processing Center. Make sure that you include ALL supporting documents for NIW classification. Make sure that you send the Form I-140 package via a traceable mail service. This way, you will know when the immigration documents arrive at the USCIS office.
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Confirmation received after submission: We can track the immigration documents sent to the USCIS Processing Center to confirm the receipt of the immigration application and obtain the Case Number for any future follow up or tracking of developments of the immigration application.
This set of procedures will aid applicants to file an efficiently completed set of necessary immigration documents. The procedures herebefore set out will construct a very solid case that in the extreme of the rare event of an RFE issues that it will be easily and with all due haste able to be completed.
Identify and Overcome Common Challenges in the EB2 Process
EB2 Immigration is a complicated process that requires the help of immigrant specialists. EB2 immigrants have worked very hard to be granted immigrant status and being denied due to lack of documents would be devastating.
- Solution: EB2 immigration requires that you have all required documents before submitting your EB2 immigration petition for review. Vasquez Law Firm offers free initial consultations and we explain all required documentation for EB2 immigration in detail. We answer all questions posed by clients in all EB2 immigration consultations.
At Vasquez Law Firm, we know that Labor Certification can be a long and arduous process. We have also seen that wait times for EB2 immigration petitions have never been longer.
- Solution: As soon as the EB2 category is determined for you, start the labor certification process as early as possible. Communicate with your employer frequently to ensure that all necessary steps are taken in order to submit your certification application on time. The immigration attorneys at the Vasquez Law Firm have flexible payment plans, so that you can get the assistance that you need while you are dealing with financial difficulties.
Recently, there have been high rates of requests for evidence and denials of Applications for Immediate Family Members of Permanent Residents who did not seek the assistance of an immigration attorney in completing the required immigration forms.
- Solution: Employees could complete their forms with the help of an experienced EB2 Immigration Attorney, or by utilizing trusted immigration resources. The Vasquez Law Firm’s immigration lawyers and staff are available 24/7 to answer any and all EB2 Immigration questions and complete all necessary Immigration Forms.
When an employee of a company is required to transfer to another department, we verify that the new position is substantially identical to the position described in the immigration application and that the new employer will be able to support the EB2 Immigrant Petition of the employee.
The process for EB2 immigration and raising chances of approval must be undertaken and completed in order to prepare for the new quota of available immigrant permits for residents of the US which will become available on October 1, 2026. It is critical that you begin preparing for EB2 immigration as early as possible in order to ensure a spot under the newly established quota of available immigrant permits. Allow the Vasquez Law Firm to represent you through the EB2 immigration process in search of the best in legal representation.
Track Your Application and Prepare for Interviews
How We Can Help With Your EB2 Immigration Process and Following Your Immigration Application Submission Process
- Track your eb2 immigration application submission: You can track your submission of your eb2 immigration application using your USCIS receipt number. This will enable you to check on the status of your application and other information related to your application on the USCIS website.
- Tip: Keep tracking the status of your Application for Extended Status to keep monitoring for any updates on the processing of your application and related matters.
- Get Ready for your Interview too: Below are the details that we would go through to get ready for the interviews related to the above eb2 immigration process.
- Review Your Application: Go through the information that was included in your application, and then review the information and supporting evidence of your qualifications for the position for which you were offered.
- Gather the necessary documents to bring with you to the interview: In addition to your passport, the appointment letter provided to you by the agency can be brought with supporting documentation that the applicant feels will better represent their qualifications.
- Practice Common Questions for Immigration Interviews: Review a list of the common interview questions asked by immigration officers. Practice answering the typical eb2 immigration interview questions.
- Stay Calm and Confident: In order to ensure that your interview is as effective as possible for your case, answer questions honestly and confidently. The interview is another chance for you to clearly explain submission aspects.
We will be here to support you throughout the process. If you are well prepared for your interviews, then you will be able to answer all of the questions with confidence and knowledge.
Conclusion
We attempted to outline in detail the steps that EB2 immigrant family members of newly arrived immigrants go through in the immigration process and how they can best prepare for each step of the process including the interview.
Completing the immigration process for a new immigrant and having an advanced degree or exceptional ability and going through the labor certification process and preparing the I-140 application for your immigrant family member can be a very difficult process. However, with the help of the very experienced immigration attorneys at Vasquez Law Firm, we can help you through any problem that arises. Even though you may have language limitations, we can give you free initial consultations. We can meet with you in person or by video conferencing.
Stay ahead of the new immigration opportunities scheduled to arrive in 2026. Help prepare your EB2 application and secure consideration early. The Vasquez Law Firm is ready to assist and fight on your behalf.
Frequently Asked Questions
What are the eligibility criteria for the EB2 visa?
To qualify for the EB2 visa, applicants must meet one of the following criteria: hold a Master’s degree or higher, or hold a Bachelor’s degree with more than 5 years of experience in a specialized field, or demonstrate exceptional ability in the sciences, arts, or business.
What does "exceptional ability" mean in the context of the EB2 visa?
"Exceptional ability" refers to having a significant level of expertise in the sciences, arts, or business, which can be proven through awards, professional memberships, and contributions to the field.
Is a job offer required for EB2 visa applicants?
Generally, a job offer is required; however, applicants under the National Interest Waiver (NIW) category, such as professors or researchers, can self-petition without a job offer.
What is labor certification, and why is it necessary for the EB2 visa?
Labor certification (PERM) is a requirement that ensures there are sufficient qualified U.S. workers for the position offered to the EB2 applicant. It is a step to verify that hiring the foreign applicant will not negatively impact the U.S. labor market.
Why is it recommended to seek assistance from an experienced EB2 immigration attorney?
The EB2 immigration process can be complex and confusing. An experienced attorney can help applicants understand the process, manage expectations, and navigate potential delays or denials.
What is the current status of the EB-2 visa for applicants from India?
The EB-2 visa category for India is currently unavailable and is expected to remain so until September 30, 2026.
What is the status of the EB-2 visa for applicants from Mexico and the Philippines?
The EB-2 category remains fully Current for applicants from Mexico and the Philippines, as well as for most applicants from other countries.
List of Sources
- Understand EB2 Visa Eligibility Criteria
- April-June 2026 Visa Bulletin Shifts Impact Employers Update (https://clarkhill.com/news-events/news/april-june-2026-visa-bulletin-eb2-eb3-uscis-update)
- June 2026 Visa Bulletin: EB-2 Still Current (https://colombohurdlaw.com/june-2026-visa-bulletin-eb2-current)
- EB-2 India Immigrant Visa Category Unavailable Through September 30 After Reaching Annual Limit for FY 2026 (https://fragomen.com/insights/united-states-eb-2-india-immigrant-visa-category-unavailable-through-september-30-after-reaching-annual-limit-for-fy-2026.html)
- Employment-Based Immigration: Second Preference EB-2 | USCIS (https://uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2)
- Prepare and Submit Your EB2 Visa Application
- April-June 2026 Visa Bulletin Shifts Impact Employers Update (https://clarkhill.com/news-events/news/april-june-2026-visa-bulletin-eb2-eb3-uscis-update)
- EB-2 NIW cost 2026 - fees for a self-petition (https://tukki.ai/blog/eb2-niw-cost)
- U.S. Department of State and USCIS Announce Immigrant Visa Unavailability in India EB-2 Category | Tafapolsky & Smith LLP (https://tandslaw.com/u-s-department-of-state-and-uscis-announce-immigrant-visa-unavailability-in-india-eb-2-category)
- Identify and Overcome Common Challenges in the EB2 Process
- U.S. Department of State and USCIS Announce Immigrant Visa Unavailability in India EB-2 Category | Tafapolsky & Smith LLP (https://tandslaw.com/u-s-department-of-state-and-uscis-announce-immigrant-visa-unavailability-in-india-eb-2-category)
- What EB-2 NIW Petitioners Need to Know in 2026 (https://joorney.com/news/eb-2-niw-visa-trends-in-2026-how-trumps-policies-are-shaping-national-interest-waiver-cases)
- April-June 2026 Visa Bulletin Shifts Impact Employers Update (https://clarkhill.com/news-events/news/april-june-2026-visa-bulletin-eb2-eb3-uscis-update)
- April 2026 Visa Bulletin: “Current” Events | News & Events | Clark Hill PLC (https://clarkhill.com/news-events/news/april-2026-visa-bulletin-current-events)
- Immigration News - May 2026 (https://brownimmigrationlaw.com/immigration-news-may-2026)
- Track Your Application and Prepare for Interviews
- July 2026 Visa Bulletin - Latest Update (https://boundless.com/blog/visa-bulletin)
- How To Prepare for an Employment-Based Green Card Interview (https://ellis.com/resources/preparing-for-a-non-immigrant-usvisa-interview)
- EB-2 NIW Green Card Interview in 2026 - Alaz Law (https://alazlaw.com/blog/eb-2-niw-green-card-interview-2026-what-to-expect)
