Step-by-step guide to the EB-2 employment-based green card, covering PERM labor certification, I-140 petition, priority date tracking, I-485 adjustment of status, and the National Interest Waiver alternative.
Employer defines the job position and minimum requirements
The position must require a master's degree (or bachelor's + 5 years progressive experience) in a specific field. Requirements must reflect actual job duties — the DOL rejects inflated or tailored requirements designed to exclude U.S. workers.
Draft a detailed job description with specific duties and requirements
Determine the prevailing wage by filing a request with the DOL's National Prevailing Wage Center
Employer conducts required recruitment steps
Recruitment must include a 30-day job order with the State Workforce Agency, two Sunday newspaper ads, and at least 3 of 10 additional recruitment methods. The recruitment period runs 30-180 days before filing.
Place job order with the State Workforce Agency for 30 days
Run two Sunday print advertisements in a newspaper of general circulation
Complete at least 3 additional recruitment steps (e.g., company website, job fair, campus placement)
File ETA Form 9089 with the Department of Labor
Filed electronically through the DOL's FLAG system. The employer must sign under penalty of perjury that no qualified U.S. worker was found. Processing takes 6-12 months. Audit rates are around 30%.
Respond to any DOL audit request
If audited, the employer has 30 days to submit all recruitment documentation, including ads, resumes received, and interview notes explaining why U.S. applicants were rejected. Keep recruitment files for 5 years.
I-140 Immigrant Petition
Employer files Form I-140 with USCIS
The filing fee is $715. The employer must demonstrate ability to pay the offered wage through annual reports, tax returns, or audited financial statements. The petitioner can request premium processing ($2,805) for a 15-business-day decision.
Establish your priority date
Your priority date is the date the PERM application was filed with the DOL. This date determines your place in the visa queue. Check the monthly Visa Bulletin from the Department of State to see if your date is current.
Receive I-140 approval notice
Standard processing takes 6-9 months. With premium processing, USCIS guarantees a response within 15 business days. An approved I-140 locks in your priority date even if you change employers (after 180 days in I-485 pending status).
Priority Date and Visa Bulletin
Monitor the monthly Visa Bulletin
The State Department publishes the Visa Bulletin around the 15th of each month at travel.state.gov. Check both the "Final Action Dates" and "Dates for Filing" charts under the EB-2 category for your country of chargeability.
Determine your country of chargeability
Chargeability is based on your country of birth, not citizenship. India and China face the longest EB-2 backlogs (often 5-10+ years). Most other countries are current or have short waits of under 1 year.
Consider priority date portability if changing jobs
An approved I-140 that has been pending for 180+ days allows you to port the priority date to a new employer. The new employer must file a new PERM and I-140, but retains your original priority date.
I-485 Adjustment of Status
File Form I-485 when your priority date is current
The filing fee is $1,440 (includes biometrics). You can file concurrently with I-140 if your priority date is already current. Include Form I-693 (medical exam) completed by a USCIS-designated civil surgeon.
Complete medical examination with a USCIS civil surgeon (Form I-693)
File Form I-765 (EAD) and I-131 (Advance Parole) concurrently
Both are included at no extra cost with the I-485 filing. The EAD combo card (serving as both work permit and travel document) arrives in 3-6 months. Do not travel outside the U.S. on an H-1B if you use advance parole — it changes your status.
Attend the biometrics appointment
USCIS schedules biometrics 3-6 weeks after filing. The appointment takes about 20 minutes at a local Application Support Center. Bring the appointment notice and a valid photo ID.
Attend the I-485 interview (if scheduled)
Employment-based I-485 interviews are sometimes waived. If scheduled, bring originals of all filed documents, employer verification letter, and recent pay stubs. The interview lasts 15-30 minutes at your local USCIS field office.
Receive green card approval and welcome notice
After approval, you receive a "Card Is Being Produced" status update followed by your physical green card by mail within 1-2 weeks. The initial green card is valid for 10 years. File I-90 to renew 6 months before expiration.
National Interest Waiver (NIW) Alternative
Evaluate if you qualify for a National Interest Waiver
NIW lets you self-petition without an employer or PERM labor certification. Under the Matter of Dhanasar framework, you must show (1) substantial merit and national importance, (2) you're well-positioned to advance the endeavor, and (3) it's beneficial to waive the job offer requirement.
Prepare a strong evidence package for the NIW petition
Key evidence includes published research with citations, patents, awards, expert recommendation letters (5-8 from independent sources), media coverage, and proof of impact in your field. A detailed personal statement explaining your work's national importance is critical.
Obtain 5-8 recommendation letters from experts in your field
Compile citation records, published works, and evidence of impact
Draft a personal statement linking your work to national importance
File I-140 with NIW classification (no PERM required)
File I-140 under the EB-2 NIW category directly with USCIS. The filing fee is $715. Premium processing ($2,805) is available. You can self-petition, meaning no employer sponsorship is needed. Processing takes 4-8 months without premium.
Frequently Asked Questions
What is the difference between EB-2 and EB-3 green cards?
EB-2 is for professionals with advanced degrees (master's or higher) or exceptional ability in their field. EB-3 is for skilled workers (2+ years training), professionals (bachelor's degree), and other workers. EB-2 generally has shorter visa bulletin wait times than EB-3, particularly for applicants born in India and China. Both typically require PERM labor certification from the Department of Labor, though EB-2 has a National Interest Waiver (NIW) option that bypasses PERM. The choice between categories depends on your qualifications and your employer's willingness to sponsor.
How long is the EB-2 green card backlog?
Wait times depend heavily on country of birth. As of 2026, applicants born in India face EB-2 backlogs of 10+ years, and China-born applicants face 3-5 year waits. Applicants from all other countries typically have current or near-current priority dates, meaning minimal additional wait after PERM and I-140 approval. The monthly Visa Bulletin published by the Department of State shows current priority date cutoffs. These backlogs apply to the final green card step (I-485/consular processing), not the petition itself.
What is the EB-2 National Interest Waiver (NIW)?
The NIW allows EB-2 applicants to self-petition for a green card without an employer sponsor or PERM labor certification. You must demonstrate that your work is in an area of substantial merit and national importance, that you are well-positioned to advance the proposed endeavor, and that waiving the job offer requirement benefits the United States. The NIW is popular among researchers, entrepreneurs, physicians in underserved areas, and STEM professionals. It requires strong documentation of your contributions and their impact. An experienced immigration attorney is highly recommended for NIW petitions.
How much does the EB-2 green card process cost?
Total costs include PERM labor certification ($0 government fee but $3,000-8,000 in attorney/recruitment costs), Form I-140 ($700), and Form I-485 ($1,140 + $85 biometrics). Employers often cover PERM and I-140 costs, while the employee typically pays I-485 costs. Attorney fees for the full process range from $6,000-15,000. Premium processing for I-140 ($2,805) guarantees a 45-day response. If using consular processing instead of I-485, the immigrant visa fee is $345. The NIW route eliminates PERM costs but may have higher attorney fees.