EB-2 PERM Lawyers

The EB-2 visa is a second-preference employment-based Green Card designed for professionals with advanced qualifications. There are two main routes: the National Interest Waiver (NIW), which allows self-petition, and the PERM route, which requires U.S. employer sponsorship.

The EB-2 PERM path is for foreign nationals who: Have an advanced degree (master's or higher), or a bachelor's degree plus at least 5 years of relevant work experience in their field. Or can show exceptional ability in the sciences, arts, or business (significantly above the norm in their profession).

Have a permanent, full-time job offer from a U.S. employer who is willing to go through the PERM labor certification process to prove no qualified U.S. workers are available for the role.

To qualify for the EB-2 PERM Green Card, both the foreign worker and the U.S. sponsoring employer must meet certain requirements. For the foreign worker: Advanced degree: You must hold a master's degree or higher, or a bachelor's degree plus at least 5 years of progressive, post-bachelor's work experience in your field.

Exceptional ability (alternative route): If you do not have an advanced degree, you may qualify by showing exceptional ability in the sciences, arts, or business. This means demonstrating expertise and recognition significantly above what is ordinarily encountered in your profession.

• For the U.S. employer: The employer must provide a permanent, full-time job offer in a qualifying professional role.

The employer must also complete the PERM labor certification process, which proves that there are no qualified U.S. workers available for the position and that hiring a foreign worker will not negatively impact U.S. wages or working conditions.

The EB-2 PERM Green Card offers significant advantages for professionals and their families seeking permanent residency in the United States: Permanent residency: Live and work in the U.S. indefinitely, with a direct path to citizenship after five years.

Family benefits: Your spouse and unmarried children under 21 can also receive Green Cards as derivative beneficiaries, allowing your family to move together. Career flexibility: After receiving your Green Card, you're no longer tied to one employer or job. You can advance your career, change employers, or even start your own business.

• Faster than EB-3 in many cases: Because the EB-2 is a higher preference category, wait times are often shorter than EB-3, especially for applicants from countries without visa backlogs.

The EB-2 PERM process involves both the employer and the foreign worker. While each case is unique, most follow these steps:

1. Prevailing wage determination: The employer requests a prevailing wage determination from the Department of Labor (DOL) to confirm the role meets fair wage standards.
2. Recruitment process: The employer must advertise the position and try to recruit qualified U.S. workers through required channels (job boards, newspaper ads, internal postings).
3. PERM Labor Certification (ETA-9089): If no qualified U.S. workers are hired, the employer files the PERM application with the DOL.
4. I-140 Petition: Once PERM is approved, the employer files Form I-140 (Immigrant Petition for Alien Worker) with USCIS to sponsor the employee.
5. Green Card application:

• Inside the U.S.: File Form I-485 (Adjustment of Status) if a visa number is available.
• Outside the U.S.: Apply through Consular Processing (DS-260).

1. Biometrics, interview, and approval: The applicant completes biometrics, attends an interview, and receives their Green Card once approved.

Processing times for EB-2 PERM vary depending on government backlogs, whether your case is audited during the labor certification process, and your country of origin. In general, the full process can take anywhere from one to several years.

Note that premium processing is available for the I-140 petition, but the PERM stage itself cannot be expedited.

Government filing fees for the EB-2 PERM route generally range from about $2,000 to $3,000 per applicant. Costs vary depending on whether the applicant files through Adjustment of Status in the U.S. or Consular Processing abroad, and whether additional services like medical exams or translations are needed.

Employers typically cover the cost of the PERM process itself, while the worker may be responsible for later fees, like the Form I-485 for Adjustment of Status. To see if you qualify for EB-2 PERM, request a consultation below.