What is an EB-2 Visa? 2026 Requirements, Cost, and Processing Time

What is EB-2 visa explained with 2026 requirements, costs, processing times

The EB-2 visa (Employment-Based Second Preference) remains a popular pathway to U.S. permanent residency for professionals with advanced degrees or exceptional ability in sciences, arts, or business. In 2026, significant changes have occurred in visa bulletin availability, fee structures, and processing times.

Key Update (July 2026): EB-2 India is now fully unavailable for the remainder of Fiscal Year 2026 after reaching its annual limit.

What Is an EB-2 Visa?

The EB-2 visa is an employment-based immigrant visa category that grants lawful permanent resident status to:

• Persons holding a master's degree or above (or a bachelor's degree along with five years of advancing work experience)

• People with outstanding talent in science, arts, or business

• Applicants granted a National Interest Waiver (NIW)

Annual quota: Approximately 40,000 visas (28.6% of total employment-based limit + unused EB-1 numbers).

EB-2 Visa Eligibility 2026

To qualify for EB-2, you must fall into one of three subcategories:

1. Advanced Degree

• Hold a U.S. master's degree or higher, or foreign equivalent

• Or hold a bachelor's degree + at least 5 years of progressive post-baccalaureate work experience in the field

• The job must require the advanced degree (as stated in the PERM labor certification)

2. Exceptional Ability

You must prove your skills far exceed the norm in your field, meeting at least three of six criteria:

• Official academic record showing degree, certificate, or license in the field

• Letters verifying a minimum of 10 years of full-time experience

• License to practice the profession (if required)

• Evidence of high salary or remuneration reflecting exceptional ability

• Membership in professional associations requiring outstanding achievements

• Recognition for significant contributions to the field by peers, government, or professional organizations

3. National Interest Waiver (EB-2 NIW)

Self-petition without employer or PERM. Prove three prongs (Matter of Dhanasar test):

1. Proposed endeavor has substantial merit and national importance

2. You are well-positioned to advance the endeavor

3. It is beneficial to the U.S. to waive the job offer and labor certification

Most Common NIW Fields: STEM professionals, researchers, physicians, entrepreneurs, educators, and artists.

EB-2 Visa Costs 2026

Cost Item	Amount	Notes
Form I-140 (Online)	$665	Core petition fee
Form I-140 (By Mail)	$715	Core petition fee
Asylum Program Fee (Self-Petitioner)	$300	For self-petitioners and small employers ≤25 employees
Asylum Program Fee (Standard Employer)	$600	For standard employers
Premium Processing (I-907)	$2,965	Guarantees 45-business-day I-140 adjudication
Form I-485 (Adjustment of Status)	~$1,440	Includes biometrics fee
Form I-693 (Medical Exam)	~$200–$500	Varies by provider
Total Government Fees	~$1,500–$6,300	Without legal fees
Attorney Fees	$10,000–$20,000+	Varies by case complexity

Fee Increase Alert: Effective March 1, 2026, premium processing fees increased from $2,805 to $2,965.

EB-2 Processing Times 2026

I-140 Petition Processing

Processing Type	Timeframe
Standard EB-2 NIW (80% of cases)	26.5 months
Standard EB-2 (PERM)	Varies by service center
Premium Processing	45 business days

I-485 Adjustment of Status

Processing Type	Timeframe
Form I-485 Processing	9 to 35 months
Consular Processing	Varies by post
Total EB-2 NIW Timeline	2.5 to 4 years or more

Visa Bulletin Status (July 2026)

Country	EB-2 Status	Cutoff Date
All Other Countries	Current	—
China	Available	September 1, 2021
India	Unavailable	N/A

⚠️ Critical Update for Indian Applicants: EB-2 India has reached its annual limit for FY 2026 and is fully unavailable through September 30, 2026.

For July 2026, USCIS has designated the Final Action Dates chart for employment-based adjustment of status filings.

Forms Needed for EB-2 Visa

Form	Purpose	Notes
ETA-9089	PERM Labor Certification	Filed with Department of Labor (not USCIS)
Form I-140	Immigrant Petition for Alien Worker	Core petition — file online ($665) or by mail ($715)
Form I-907	Request for Premium Processing	$2,965 fee
Form I-485	Adjustment of Status	File after I-140 approval (or concurrently if current)
Form DS-260	Immigrant Visa Application	For consular processing (online via Dept. of State)

Concurrent Filing: Where eligibility allows, the I-140 and I-485 can be filed together. This also covers EB-2 NIW cases.

Step-by-Step Application Process

Step 1: Determine Your Pathway

• PERM Route: Employer obtains PERM Labor Certification (Form ETA-9089)

• NIW Route: Self-petition without PERM or job offer

Step 2: File Form I-140

• Submit to USCIS (within 180 days of PERM approval for PERM route)

• Pay $665 (online) or $715 (by mail) + Asylum Program Fee

Step 3: Consider Premium Processing (Optional)

• Pay $2,965 for 45-business-day adjudication

Step 4: Wait for I-140 Approval

• Check priority date in monthly Visa Bulletin

Step 5: File Green Card Application

• In U.S.: Form I-485 + biometrics + interview (if required)

• Abroad: DS-260 → NVC → consular interview

Step 6: Receive Green Card

EB-2 Document Checklist

For Advanced Degree / Exceptional Ability (with PERM)

• Official transcripts/degree certificates

• Employer letters proving 5+ years progressive experience (if bachelor's only)

• At least 3 pieces of evidence for exceptional ability (licenses, memberships, high salary proof, recognition letters, etc.)

• PERM approval notice

• Employer financial ability to pay (tax returns, financial statements)

• Job offer letter matching PERM description

For EB-2 NIW (Self-Petition)

• Evidence of advanced degree or exceptional ability

• Detailed personal statement/proposed endeavor

• Expert recommendation letters (5–10) explaining national importance

• Proof you are well-positioned (publications, citations, patents, media coverage, funding, etc.)

• Documentation showing benefit of waiving labor certification

EB-2 Visa FAQ (Most Searched Questions 2026)

Q: Do I need a job offer for EB-2?

Yes — unless you qualify for National Interest Waiver (NIW), which allows self-petitioning.

Q: How does EB-2 differ from EB-1?

EB-1 is for extraordinary ability/outstanding researchers/multinational executives (no PERM). EB-2 requires PERM or NIW and has a lower evidence threshold.

Q: What is the EB-2 backlog for India/China?

As of July 2026: India is unavailable for the remainder of FY 2026. China is at September 1, 2021.

Q: Can I file EB-2 NIW without a PhD?

Yes — an advanced degree or exceptional ability is sufficient if you meet the three-prong Dhanasar test.

Q: Is premium processing available for EB-2?

Yes — $2,965 for 45-business-day I-140 adjudication.

Q: Can family members join on EB-2?

Yes — spouse and unmarried children under 21 qualify as derivatives.

Official Resources

Resource	Link
USCIS Form I-140	https://www.uscis.gov/i-140
USCIS Form I-907	https://www.uscis.gov/i-907
USCIS Online Account	https://my.uscis.gov
Visa Bulletin	https://travel.state.gov/visa-bulletin
Case Status Online	https://egov.uscis.gov/casestatus
USCIS Fee Schedule	https://www.uscis.gov/fees

For the latest U.S. immigration updates, EB-2 visa guidance, and 2026 green card news, visit: visasupdate.com/blog/categories/usa