EB-2 PERM Lawyers
Who Is the EB-2 PERM Visa For?
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.
EB-2 PERM Eligibility Requirements
Benefits of the EB-2 PERM Visa
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.
EB-2 PERM Application Process
The EB-2 PERM process involves both the employer and the foreign worker. While each case is unique, most follow these steps:
Prevailing wage determination: The employer requests a prevailing wage determination from the Department of Labor (DOL) to confirm the role meets fair wage standards.
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).
PERM Labor Certification (ETA-9089): If no qualified U.S. workers are hired, the employer files the PERM application with the DOL.
I-140 Petition: Once PERM is approved, the employer files Form I-140 (Immigrant Petition for Alien Worker) with USCIS to sponsor the employee.
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).
Biometrics, interview, and approval: The applicant completes biometrics, attends an interview, and receives their Green Card once approved.
EB-2 PERM Processing Time
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.
EB-2 PERM Filing Fees
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.
Choosing an EB-2 PERM Lawyer
What Matters When Choosing an EB-2 PERM Lawyer?
The EB-2 PERM process is complex, requiring labor certification, employer compliance, and strict Department of Labor (DOL) timelines. An experienced lawyer ensures every step, from prevailing wage to recruitment to filing, is done correctly.
Here’s what to look for when choosing an EB-2 PERM lawyer:
Proven EB-2 PERM experience: Ask how many PERM cases they’ve guided from start to approval.
Employer and employee guidance: The right lawyer knows how to support both sides, making sure the employer’s compliance obligations are fully met while protecting the applicant’s interests.
Detail-oriented strategy: Small mistakes in job ads, recruitment reports, or timelines can cause denials. You need an immigration lawyer who anticipates and avoids these pitfalls.
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Do I need an immigration attorney for the EB-2 PERM process?
You aren’t required to hire a lawyer, but most employers and applicants do. The PERM labor certification process is one of the most technical parts of U.S. immigration law, with strict advertising, filing, and timing rules. Even small mistakes can cause costly delays or denials. An experienced immigration attorney helps ensure the employer’s filings are compliant and that your case is presented as strongly as possible.
What’s the difference between EB-1, EB-2, and EB-3?
The main differences are in eligibility, requirements, and wait times: - EB-1: For individuals at the top of their field—such as people with extraordinary ability, outstanding professors/researchers, or multinational executives. It has the highest bar to qualify but often the shortest wait times. - EB-2: For professionals with advanced degrees or exceptional ability in their field. Some applicants may qualify for a National Interest Waiver (NIW), which allows them to self-petition without an employer sponsor. - EB-3: For skilled workers (2+ years of experience), professionals with a bachelor’s degree, and other workers performing unskilled labor. It has broader eligibility but often longer wait times due to higher demand. All three lead to a Green Card and eventual citizenship. The best category for you depends on your qualifications, career level, and whether you have a sponsoring employer.
What’s the difference between EB-2 NIW and EB-2 PERM, and how do I decide what to apply for?
Both are EB-2 Green Card options, but they follow different processes and have different eligibility requirements. - The EB-2 PERM requires a U.S. employer to sponsor you through the labor certification process, proving no qualified U.S. workers are available for the role. It’s a strong option if you have an employer committed to sponsoring you. - The EB-2 NIW (National Interest Waiver), on the other hand, lets you self-petition without an employer. Instead of PERM, you must prove your work has substantial merit and national importance to the U.S. EB-2 NIW cases often fit researchers, entrepreneurs, and professionals in areas like healthcare, science, or technology. If you have an employer ready to sponsor you, EB-2 PERM can be the more straightforward path. If you want independence, flexibility, or don’t have a sponsoring employer, the EB-2 NIW may be the better fit. An experienced EB-2 visa attorney can help you make the right choice based on your timeline, employment situation, and qualifications.
What if I already have an H-1B visa? Can I transition to EB-2 PERM?
Yes. Many H-1B visa holders move to EB-2 PERM as their path to permanent residency. Your employer can sponsor you for EB-2 while you’re still working in H-1B status, and if your Green Card process takes longer than your H-1B limit, you may qualify for extensions beyond the normal 6-year cap.
Who files the EB-2 PERM petition—me or my employer?
The employer is responsible for filing the PERM labor certification and the I-140 petition on your behalf. As the foreign worker, you cannot self-petition under EB-2 PERM (only the EB-2 NIW allows that). Once the I-140 is approved and your priority date is current, you will then file your own Green Card application (Form I-485 or DS-260).
What happens if I change jobs during the EB-2 PERM process?
If you leave your sponsoring employer before the I-140 petition is approved, the process usually has to start over with a new employer, since the labor certification is tied to a specific job offer. If your I-140 is already approved, you may be able to keep your priority date when a new employer sponsors you, which can save significant time. An immigration lawyer can help you weigh the pros and cons of switching employers while in the midst of the Green Card process.
Can my family members get Green Cards through EB-2 PERM?
Yes. Your spouse and unmarried children under 21 can be included as derivative beneficiaries of your EB-2 petition. If approved, they can also receive Green Cards, allowing your whole family to live, work, and study in the United States.
Do I have to stay with my employer after getting my EB-2 Green Card?
When your Green Card is approved, you’re expected to work for your sponsoring employer in good faith, for a reasonable period (often 6-12 months). After that, as a permanent resident, you are free to change jobs, work for any employer, or even start your own business. It’s best to consult with an experienced immigration attorney if you have further questions about your unique employment situation.
