EB 2 Visa – EB 2 Green Card: Requirements, Processing Time & PERM

If you want to hire foreign workers for your company, the United States permits a limited number of EB-2 green cards each year.

What is EB-2 Green Card

Applicants for the EB-2 visa, which is an employment-based visa, are divided into three categories depending on their abilities, history, and knowledge. For foreign employees who fall into the United States’ second preferred category, an EB-2 green card is available. They are offered to people who fall into one of the EB-2 visa categories listed below. A job from a sponsoring U.S. firm is one of the conditions for EB-2 visa applicants. The remaining requirements are given in the following handbook.

EB-2 Requirements

The EB-2 subcategories are:

• Advanced Degree: Foreign workers in this classification must have a higher education, such as a Master’s or Doctorate, or its foreign equivalent. A bachelor’s degree plus at least five years of work experience in the field are two equivalents. Workers in this category must be approved by the US Department of Labor’s Foreign Labor Certification Process.
• Exceptional Ability: Foreign workers in this subcategory have a specialized degree and significant competence in art, business, or science. The U.S. Department of Labor’s Foreign Labor Certification Process must also approve workers in this category.
• National Interest Waiver (NIW): Foreign workers in this subcategory are seeking to have the Foreign Labor Certification Process waived because it is in the national interest of the United States to do so. Unlike the other EB-2 green card categories, these workers do not need an employer sponsor and may self-petition for an EB-2 visa.

Additional EB-2 Visa Requirements

Immigrants seeking an EB-2 green card under the Exceptional Ability or National Interest Waiver categories must additionally meet at least three of the following requirements:

• Official academic record of a degree relating to the field of exceptional ability
• Documentation of at least ten years of work experience in the field
• Professional license or certification
• A salary that indicates the person has exceptional ability in the field
• Be a member of related professional associations
• Peer or government recognition of achievements in the field
• Any other comparable evidence of exceptional ability

EB-2 Green Card Processing Time

EB-2 visa procedure can take 10 months to 2 years, depending on how long your I-140 takes and when a visa becomes available.

The time it takes for your case to process depends on various factors, including your country of origin, the service center that processes your I-140, the papers in your submission, etc. The average I-140 processing period is 6-9 months. Premium processing can save time. Premium processing costs $2,500. The regular processing charge for I-140 is $700. This USCIS case tool provides the most accurate case processing time.

For those applying overseas through consular processing, you can expect to wait 4-6 months to receive word from the U.S. embassy/consulate after a visa becomes available. In terms of how long the adjustment of status takes, that will depend significantly on the service center processing the case.

EB-2 Category Process

To successfully receive an EB-2 green card, applicants and their employers must follow a three-step process.

1. The first step is for the employer who wishes to hire a foreign worker to file with the U.S. Department of Labor for Permanent Labor Certification using the Program Electronic Management Review (PERM) System.

The employer must certify that a job opening is available in a specified professional field, the job is also available to U.S. workers, the employer needs a foreign worker, and the pay is at a prevailing industry rate.

2. Your employer will need to conduct a thorough recruitment process to ensure that no competent American workers are available for the position. Going through this process correctly is crucial, as raising suspicion may result in a Department of Labor audit. This could cause your processing time to be delayed by up to a year and a half.

3. If the employer meets the requirements, the Department of Labor will issue the necessary PERM form. EB-2 green card applicants seeking a National Interest Waiver (NIW) may skip this first step.

4. After receiving the PERM form, the employer wishing to sponsor a foreign worker for an EB-2 green card must complete and file form I-140, the petition for the EB-2 visa. After receiving the petition, the applicant must wait for their EB-2 priority date to be eligible to proceed to the next step. The priority date depends on when USCIS received the application.

Here’s a summary of the broader green card process steps:

• PERM/Labor Certification
• File I-140 Petition
• File I-485 Application to Adjust States

PERM

The PERM schedule for EB-2 cases is covered in this section. The typical PERM Labor Certification processing time in 2023 is four months for preparation, followed by six months for application processing. This process also includes determining the prevailing pay, which might take 2-4 months. Recruiting also takes at least 60 days. In terms of timing, present the PERM Labor Certification within 180 days before starting any recruiting efforts. Essentially, the goal of this method is to confirm that no domestic employees are willing or able to perform the offered job.

Once the priority date becomes current, how long does it take to get a green card?

You can find your wait time by looking at the monthly Visa Bulletin.

Navigate to the Employment-Based Preferences chart and find your category (EB-2) on the left. Depending on the amount of visa submissions per country, some countries have greater wait times than others. You will compare the cutoff date to your priority date (when USCIS received your I-130 or when the DOL got the employer’s labor certification). If the section on the Dates for Filing box chart displays “current,” it signifies your priority date is current and visas are available. Once you’ve confirmed that it’s current, you can contact the National Visa Center to proceed.

EB-2 Priority Date Retrogression and Consular Processing

It changes over time depending on how many visa applications are being processed. Applicants need to be aware of retrogression in the priority date. It occurs when more applicants for an EB-2 green card are available than the allocated green cards.

For example, if the current processing time is three months and suddenly there is a spike in the number of applications, only applicants who have filed at least six months ago might be allowed to proceed to the next step. This means that as soon as you can proceed to the final step, it is in your interest to do so if you do not want to experience delays in the EB-2 processing time.

When applicants can proceed to the final step, they may follow one of two different procedures.

Consular Processing

If the applicant is not in the US, they must be interviewed at a US Consulate in their home country. From there, the consular office will process the application and assess if the individual is eligible for an EB-2 green card.

Consular processing is accomplished through a one-on-one interview with a consular officer who will ask specific questions about your employer, occupation, and plans in the United States. If the officer clears you, you can fly to the United States and obtain a legal permanent resident stamp.

Adjustment of Status

If the applicant is already in the United States on a different visa, they must adjust their status to the EB-2 using Form I-485.

Applicants will then be told to go to a USCIS Application Support Center for security processing, which generally requires fingerprinting and taking your picture. Some applicants may be required to attend an interview. The final decision will be mailed to the applicant once it is available.

How Long Will the Total Process Take?

Depending on your country and I-140 service center, processing time varies greatly. However, petition processing takes roughly six months on average.

The PERM Labor Certification procedure could take eight months to two years, depending on whether your firm is audited following the recruitment process. Work with an immigration counsel to prevent audits.

If six months is too long for your I-140, try premium processing. This optional USCIS function reduces petition processing time from six months to 15 days for $2,500.

Once USCIS approves your petition, wait until your priority date is current. The date is current in most nations after the petition is authorized. For India and China EB-2 processing period, the dates may be many years old. The only option to speed up this procedure is to convert your EB-2 green card petition to EB-1, which is difficult.

After your priority date is current, submit your I-485, which takes six months. Like the I-140, this relies on your service center’s workload.

Without premium processing, EB-2 processing can take a year and a half to several years. Because this differs by situation, consult your attorney to determine your EB-2 visa wait time.

FAQs

Below are some frequently requested answers to common questions.

What is an EB-2 Green Card?

• An EB-2 Green Card is an immigrant visa that allows foreign professionals with advanced degrees or exceptional abilities to live and work permanently in the United States.

Who is eligible for an EB-2 Green Card?

• Individuals with advanced degrees or exceptional abilities in the sciences, arts, or business are eligible for an EB-2 Green Card. They must have a job offer from a U.S. employer and meet specific criteria.

What is the difference between EB-2 and EB-1 Green Cards?

• The EB-1 Green Card is for individuals with extraordinary abilities, while the EB-2 Green Card is for those with advanced degrees or exceptional abilities. EB-1 has higher eligibility requirements compared to EB-2.

Can I self-petition for an EB-2 Green Card?

• Yes, individuals with exceptional abilities can self-petition for an EB-2 Green Card. They must demonstrate their exceptional skills and show that their work will benefit the United States.

What is the PERM labor certification process?

• The PERM labor certification process is required for most EB-2 Green Card applicants. It involves the employer testing the U.S. job market to prove that no qualified U.S. workers are available for the position.

What is the National Interest Waiver (NIW) category?

• The National Interest Waiver category allows individuals with exceptional abilities to waive the job offer and labor certification requirements for the EB-2 Green Card if they can demonstrate that their work is in the national interest of the United States.

How long does it take to get an EB-2 Green Card?

• The processing time for an EB-2 Green Card varies and can take several months to several years, depending on various factors such as USCIS processing times, visa availability, and the applicant’s circumstances.

Can I include my family members in my EB-2 Green Card application?

• You can include your spouse and unmarried children under 21 years old in your EB-2 Green Card application as derivative beneficiaries.

Can I change employers after obtaining an EB-2 Green Card?

• After obtaining an EB-2 Green Card, you can change employers. However, the new job should be in the same or similar occupational category as the original job offer.

Is a job offer required for an EB-2 Green Card?

• Yes, a job offer from a U.S. employer is generally required for an EB-2 Green Card, except for individuals seeking a National Interest Waiver.

Can I apply for an EB-2 Green Card while in the United States on a nonimmigrant visa?

• Yes, you can apply for an EB-2 Green Card while in the United States on a valid nonimmigrant visa. However, you must maintain your legal status until the green card is granted.

What happens if my EB-2 Green Card application is denied?

• If your EB-2 Green Card application is denied, you may have the option to appeal the decision or submit a motion to reopen or reconsider the case, depending on the circumstances.

Are there any annual limits or quotas for EB-2 Green Cards?

• Yes, there are annual limits or quotas for EB-2 Green Cards. However, the availability of visas depends on the applicant’s country of birth and the preference category.

Can I include my dependents’ work authorization in my EB-2 Green Card application?

• No, your dependents (spouse and children) must separately apply for work authorization or an employment-based visa if they wish to work in the United States.

Can I apply for an EB-2 Green Card without a labor certification?

• A labor certification may be waived in certain cases, such as for individuals with exceptional abilities seeking a National Interest Waiver. However, a labor certification is required for most EB-2 Green Card applications.

Can I apply for an EB-2 Green Card with a foreign degree?

• You can apply for an EB-2 Green Card with a foreign degree. However, the degree must be equivalent to a U.S. advanced degree and accompanied by an official evaluation.

Can I apply for an EB-2 Green Card if I have work experience but no advanced degree?

• Yes, you can still be eligible for an EB-2 Green Card if you have exceptional abilities in your field, even if you don’t have an advanced degree. The focus is on your exceptional skills and achievements.

Are there any travel restrictions while my EB-2 Green Card application is pending?

• While your EB-2 Green Card application is pending, you can generally travel using your valid nonimmigrant visa. However, it’s essential to consult an immigration attorney to ensure proper compliance with travel restrictions.

What is the process of EB3 to EB2 porting?

• Certain individuals who initially applied for an EB3 employment-based immigrant visa can potentially upgrade their status to EB2, which offers certain advantages and benefits. Learn more in this EB-3 to EB-2 Porting guide.

Can I apply for an EB-2 Green Card with a criminal record?

• A criminal record may impact your eligibility for an EB-2 Green Card. Each case is evaluated individually, and certain criminal offenses can result in ineligibility or require a waiver.

What is the process of getting an EB-2 for physical therapists?

• The U.S. Department of Labor has designated physical therapists as occupations with a national shortage. They can file for a green card by demonstrating that they have secured a permanent job offer to work in the U.S., speak adequate English, and have several other qualifications.

Can I apply for an EB-2 Green Card if I am outside the United States?

• Yes, you can apply for an EB-2 Green Card from outside the United States. The process typically involves filing an immigrant petition with the USCIS and completing consular processing at a U.S. embassy or consulate abroad.

What is the process of EB2 to EB1 porting?

• Certain individuals who initially applied for an EB2 employment-based immigrant visa can potentially upgrade their status to EB1, which grants them higher priority and benefits.