EB-2 Visa Attorney in Chicago — Advanced Degree & Exceptional Ability
The EB-2 preference category provides a path to permanent residence for professionals with advanced degrees and individuals with exceptional ability. At Liberum Law, our EB-2 visa attorneys in Chicago handle both PERM-based EB-2 petitions and National Interest Waiver (NIW) self-petitions.
EB-2 eligibility requires either an advanced degree (master’s or higher, or bachelor’s plus five years of progressive post-baccalaureate experience) in the relevant field, or exceptional ability in the sciences, arts, or business demonstrated by meeting at least three of six regulatory criteria. The EB-2 National Interest Waiver allows qualified individuals to self-petition without employer sponsorship or PERM labor certification by demonstrating that their proposed endeavor has substantial merit, they are well-positioned to advance the endeavor, and it would benefit the United States to waive the job offer requirement.
Our EB-2 practice includes PERM labor certification and I-140 petition preparation, National Interest Waiver case strategy and filing, priority date recapture and porting strategies, and adjustment of status or consular processing.
Contact our EB-2 attorneys at Liberum Law for a free consultation.
Frequently Asked Questions
Who qualifies for EB-2?
EB-2 covers two paths: (1) members of professions holding advanced degrees (master's+ or bachelor's + 5 years progressive experience), or (2) individuals with exceptional ability in sciences, arts, or business. National Interest Waiver (NIW) is a third path under EB-2 that allows self-petition.
What is EB-2 NIW?
EB-2 NIW (National Interest Waiver) waives the job offer and PERM requirements when an applicant's work is in the national interest of the U.S. The applicant must show: (1) substantial merit and national importance of the endeavor, (2) being well-positioned to advance it, and (3) it would be beneficial to waive the job offer requirement. Self-petition allowed.
Does EB-2 require labor certification?
Standard EB-2 requires PERM labor certification by the U.S. employer (6–12 months). EB-2 NIW does not — it bypasses both PERM and the job offer requirement, allowing self-petition.
How long does EB-2 take?
EB-2 with PERM: typically 1.5–3 years for non-backlogged countries; significantly longer (5–10+ years) for China- and India-born applicants. EB-2 NIW: I-140 takes 6–12 months (or 45 days with premium processing). Adjustment of status (I-485) depends on visa availability.
Can I switch from EB-2 to EB-1 if I qualify?
Yes — many applicants file EB-2 NIW first and later upgrade to EB-1A as their credentials grow (more publications, awards, citations). Filing both concurrently is also possible. Multiple I-140s can coexist; you ultimately use the most favorable approved petition.
