EB-2 Visa Lawyer London: Advanced Degree and NIW Green Cards
US green cards for UK-based professionals, researchers and founders. Our London solicitors and US attorney handle your EB-2 or National Interest Waiver petition from strategy to approval.
The EB-2 visa is a US employment-based green card for professionals with an advanced degree or exceptional ability. Most applicants need a US employer and a Department of Labor PERM certification, but those who qualify for a National Interest Waiver (NIW) can self-petition with no job offer.
Adam Bernard Solicitors advises UK-based professionals, researchers and founders on EB-2 petitions from our offices in Central and East London. Our US-qualified attorney and our affiliated US firm, Adam Bernard Attorneys, handle the US filings, so you get one team from strategy to green card.
Call 0207 100 2525 (24/7) or book a free consultation by Zoom, Teams, WhatsApp or Skype.
What is the EB-2 visa?
The EB-2 visa is the second-preference employment-based immigrant category under US law. It leads directly to lawful permanent residence (a green card), not a temporary work visa. Your spouse and unmarried children under 21 can receive green cards as derivatives, according to USCIS.
There are three ways to qualify:
| EB-2 route | Who it suits | Job offer needed? | PERM labour certification? | Who files Form I-140 |
|---|---|---|---|---|
| Advanced degree | Master’s or doctorate holders, or a bachelor’s plus 5 years’ progressive experience | Yes | Yes | US employer |
| Exceptional ability | Expertise “significantly above” the norm in sciences, arts or business | Yes | Yes | US employer |
| National Interest Waiver (NIW) | Either of the above, whose work benefits the US nationally | No | No (waived) | You (self-petition) or an employer |
The EB-2 is not the same as the E-2 visa. The E-2 Treaty Investor visa is a temporary, renewable visa for people investing in a US business. It does not lead directly to a green card.
EB-2 visa requirements
Advanced degree professionals
You need a US master’s degree or higher, or a foreign equivalent. A bachelor’s degree followed by at least five years of progressive, post-bachelor’s experience in the specialty also counts. The job itself must require an advanced degree or its equivalent.
Exceptional ability
You must show at least three of these seven types of evidence, according to USCIS:
- An academic degree, diploma or certificate in your field.
- Letters showing at least 10 years of full-time experience.
- A licence to practise your profession or occupation.
- A salary or pay showing exceptional ability.
- Membership of a professional association.
- Recognition for achievements from peers, government or professional bodies.
- Other comparable evidence.
Meeting three criteria is the starting point, not the finish line. USCIS then looks at the evidence as a whole to decide whether your ability is genuinely exceptional.
EB-2 National Interest Waiver (NIW)
An EB-2 NIW lets you skip the job offer and the PERM process entirely and file your own petition. It is the fastest EB-2 route and the one most UK professionals ask us about.
You must first qualify as an advanced degree professional or a person of exceptional ability. USCIS then applies a three-part test, set out in the USCIS Policy Manual, Volume 6, Part F, Chapter 5:
- Substantial merit and national importance. Your proposed endeavour must matter beyond one employer or region, for example in health, science, technology, education or the economy.
- Well positioned to advance it. Your education, track record, plans and support from others must show you can deliver.
- On balance, waiving the job offer benefits the US. USCIS weighs whether it would help the US to let you proceed without PERM.
USCIS updated this guidance on 15 January 2025. It clarified that your exceptional ability must relate to your proposed endeavour, that an advanced-degree occupation must be a recognised profession, and how officers weigh letters of support and business plans. It builds on earlier guidance for STEM graduates and entrepreneurs.
Who typically succeeds with an NIW: researchers with publications and citations, physicians and healthcare specialists, engineers in critical sectors, and founders whose business plans show national-level impact backed by investment or contracts.
If your record is stronger still, the EB-1 visa may be faster, especially for applicants born in India or China.
The EB-2 visa process, step by step
Employer-sponsored EB-2 (PERM route):
- Prevailing wage determination. Your employer asks the Department of Labor for the minimum wage for the role.
- Recruitment. The employer advertises the job and shows no qualified, willing US worker is available.
- PERM labour certification. The employer files Form ETA-9089 with the Department of Labor.
- Form I-140. Once PERM is certified, the employer files the immigrant petition with USCIS. Your priority date is the date PERM was filed.
- Wait for your priority date. Your place in the queue must become current in the monthly Visa Bulletin.
- Green card. Inside the US, file Form I-485 to adjust status. From the UK, apply through consular processing and attend an interview at the US Embassy in London.
EB-2 NIW route: skip steps 1 to 3. You file Form I-140 yourself with your NIW evidence, and your priority date is the date USCIS receives it. Steps 5 and 6 are the same.
Consular processing vs adjustment of status
Most of our UK clients use consular processing. After I-140 approval, the case moves to the National Visa Center, you submit civil documents and a medical exam, and you attend an immigrant visa interview. You become a permanent resident when you enter the US on the immigrant visa. Our US consular services team prepares you for that interview.
EB-2 visa processing time in 2026
For UK-born applicants, an EB-2 NIW typically takes around 2 to 3 years from filing to green card in 2026, and a PERM-based EB-2 around 3 to 4 years. The biggest variable is the Visa Bulletin wait, not USCIS.
| Stage | Current timeframe | Source |
|---|---|---|
| Prevailing wage determination (PERM only) | DOL processing June 2026 requests as of 30 September 2026 (about 3 to 4 months) | DOL FLAG |
| PERM labour certification (PERM only) | Average 336 days (analyst review, August 2026) | DOL FLAG |
| Form I-140, premium processing | 15 business days (PERM-based EB-2); 45 business days (NIW) | USCIS |
| Form I-140, standard processing | Varies by service centre; check live data | USCIS processing times |
| Visa Bulletin wait | See October 2026 dates below | State Department |
| I-485 or consular interview | Several months; varies by office | USCIS processing times |
October 2026 Visa Bulletin: EB-2 dates
Your queue position depends on your country of birth, not your nationality. A British citizen born in India is charged to India. These are the EB-2 dates for October 2026, the first month of fiscal year 2027, from the State Department Visa Bulletin:
| Country of birth | Final Action Date | Date for Filing |
|---|---|---|
| UK and all other countries (“All Chargeability”) | 1 January 2025 | 15 March 2026 |
| Mexico | 1 January 2025 | 15 March 2026 |
| Philippines | 1 January 2025 | 15 March 2026 |
| China (mainland-born) | 1 October 2021 | 1 January 2023 |
| India | 1 November 2013 | 15 January 2015 |
In plain terms, a UK-born applicant whose priority date is before 1 January 2025 can be issued a green card now. Dates move every month and can go backwards (retrogression), so we track them for every client.
EB-2 visa fees in 2026
USCIS government fees, from the USCIS Form G-1055 fee schedule (edition 1 October 2026):
| Fee | Amount |
|---|---|
| Form I-140 filing fee | $715 paper / $665 online |
| Asylum Program Fee: standard employer | $600 |
| Asylum Program Fee: small employer (25 or fewer staff) or NIW self-petitioner | $300 |
| Asylum Program Fee: non-profit | $0 |
| Premium processing (Form I-907), from 1 March 2026 | $2,965 (Federal Register) |
| Form I-485 adjustment of status (adult) | $1,440 paper / $1,390 online |
Consular applicants pay the State Department immigrant visa fee and the USCIS immigrant fee instead of the I-485 fee. In a PERM case, the employer must pay the PERM costs and cannot pass them to you. Our own legal fees are fixed and agreed in writing before we start.
EB-2 vs EB-1 vs O-1: which route fits you?
| EB-2 NIW | EB-1 | O-1 | |
|---|---|---|---|
| Type | Green card | Green card | Temporary work visa |
| Evidence bar | Advanced degree or exceptional ability + national importance | Extraordinary ability, outstanding researcher or multinational manager | Extraordinary ability |
| Job offer | Not needed | Not needed for EB-1A | US employer or agent needed |
| Visa Bulletin wait (UK-born, October 2026) | Final Action Date 1 January 2025 | Current | None |
Many clients start on an O-1 or L-1 visa to get to the US quickly, then file an EB-2 NIW for permanent residence. Investors who want to run their own business may look at the E-2 or E-1 visa instead.
Common reasons EB-2 petitions fail
- Weak national importance. The endeavour reads as important to one employer, not to the US.
- Thin evidence of being “well positioned”. Generic reference letters and no measurable track record.
- Degree equivalency gaps. A UK three-year bachelor’s degree may need a credentials evaluation or extra experience evidence.
- PERM errors. Recruitment mistakes can trigger a Department of Labor audit and add months.
- Unanswered Requests for Evidence (RFEs). A late or incomplete reply is the most avoidable refusal.
We review RFEs and Notices of Intent to Deny, and rebuild the petition where needed.
Why choose Adam Bernard Solicitors for your EB-2 visa?
- UK and US expertise under one roof. Our US attorney and affiliated US firm file with USCIS; our London team prepares your evidence and UK documents.
- Honest eligibility assessment. We tell you whether NIW, PERM or EB-1 gives you the best chance before you spend on filing fees.
- Evidence strategy. We draft your petition letter, business plan review and expert letters around the three-part NIW test.
- Over 15 years and 15,000+ clients. SRA-regulated solicitors listed on the Law Society’s Find a Solicitor directory.
- Free consultation. In person in High Holborn or Upton Park, or by video.
Speak to an EB-2 visa lawyer today: call 0207 100 2525 or book your free consultation.
Frequently Asked Questions
What is an EB-2 visa?
The EB-2 visa is a US employment-based green card for professionals with an advanced degree or exceptional ability in the sciences, arts or business. It gives permanent residence to you, your spouse and your unmarried children under 21.
Can I apply for an EB-2 visa without a job offer?
Yes, through the National Interest Waiver (NIW). If your work has substantial merit and national importance, you are well positioned to advance it, and waiving the job offer benefits the US, you can self-petition on Form I-140 without an employer or PERM.
How long does an EB-2 visa take in 2026?
For UK-born applicants, an EB-2 NIW usually takes about 2 to 3 years from filing to green card, and an employer-sponsored PERM case about 3 to 4 years. PERM alone averaged 336 days in August 2026, and the October 2026 EB-2 Final Action Date for most countries is 1 January 2025.
How much does an EB-2 visa cost?
The USCIS Form I-140 fee is $715 on paper or $665 online, plus an Asylum Program Fee of $600 ($300 for NIW self-petitioners and small employers). Premium processing costs $2,965 from 1 March 2026. Adjustment of status (Form I-485) costs $1,440 per adult.
Is premium processing available for an EB-2 NIW?
Yes. USCIS must act on a premium-processed NIW petition within 45 business days, compared with 15 business days for a standard PERM-based EB-2 petition. The fee is $2,965.
What is the difference between the EB-2 and the E-2 visa?
The EB-2 is a permanent green card based on your qualifications. The E-2 is a temporary, renewable treaty investor visa for people who invest in and run a US business. The E-2 does not lead directly to a green card.
Does my country of birth affect my EB-2 wait?
Yes. Visa Bulletin queues are based on country of birth, not nationality. In October 2026, applicants born in the UK and most countries have an EB-2 Final Action Date of 1 January 2025, while India is 1 November 2013 and mainland China is 1 October 2021.
Is a UK bachelor's degree enough for the EB-2 advanced degree route?
A bachelor's degree counts only if it is followed by at least five years of progressive experience in the specialty. Because many UK degrees last three years, a credentials evaluation is often needed to show US equivalency.
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