What is the EB-2 Green Card?
The EB-2 is a U.S. employment-based visa for highly skilled professionals. It is highly sought after by foreign talent for its benefits, including a green card (permanent residency).
There are two EB-2 visa categories:
Advanced Degree:
Foreign workers in this subcategory have either:
- An advanced degree, such as a Master’s or Doctorate, or its foreign equivalent.
- A bachelor’s degree and at least five years of work experience in the field.
Exceptional Ability:
Foreign workers in this subcategory have a specialized degree and significant competence in art, business, or science as demonstrated through professional recognition, achievements, or experience. Workers must be approved through the PERM labor certification process.
Important EB-2 Exceptions
National Interest Waiver
An important exception exists for EB-2 visa candidates whose work is in the national interest of the United States. It enables these candidates to bypass the lengthy PERM labor certification process.
Additionally, unlike the other EB-2 green card categories, these workers do not need an employer sponsor and may self-petition for a green card.
Learn about qualifying for an EB-2 National Interest Waiver.
Application for Schedule A Designation
Another important exception is for Schedule A occupations; you still need to complete Form ETA-9089, but you do not send it to the Department of Labor for certification. Instead, the uncertified ETA-9089, along with a valid prevailing wage determination and other required documents, is submitted directly to USCIS with the I-140 petition. This is because Schedule A jobs are pre-certified by the DOL as shortage occupations.
Overall, this significantly speeds up processing, as the Department of Labor takes ~16 months to process the ETA-9089.
EB-2 Visa Requirements
Before applying for an EB-2 Green Card, workers must be approved by the Department of Labor through the PERM Labor Certification process, unless they qualify for a Schedule A occupation or National Interest Waiver.
Unless a National Interest Waiver is secured, employees must have a sponsoring employer. No self-petitioning.
Advanced Degree Professional Requirements
Immigrants seeking an EB-2 green card under the Advanced degree professional category must provide documentation to demonstrate their academic record and work history, such as transcripts and degrees from the institution or letters from current or former employers showing you have at least 5 years of progressive post-bachelor’s work experience in the specialty.
Exceptional Ability Requirements
Immigrants seeking an EB-2 green card under the Exceptional Ability category must additionally meet at least three of the following requirements:
- Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
- Letters from current or former employers documenting at least 10 years of full-time experience in your occupation
- A license to practice your profession or certification for your profession or occupation
- Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
- Membership in a professional association(s)
- Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
- Other comparable evidence of eligibility is also acceptable.
Recommended Guide: How to Qualify for an EB-2 Without an Advanced Degree
EB-2 Green Card Processing Time and Timeline
The EB-2 processing time can take anywhere from ~four years to over ten years. The timeline involves the following:
|
Process |
How Long |
Purpose |
|
Prevailing Wage Determination |
4 months |
The Department of Labor decides on the prevailing wage for the position you plan to advertise. |
|
PERM Recruitment |
60 days |
Mandatory recruitment period in the U.S. Labor Market. Aims to protect U.S. Jobs. |
|
PERM Application Processing |
~16 months, audits can delay timeline |
Time it Department of Labor to process ETA-9089 perm application to process. |
|
I-140 Application |
~8 months, or 15 business days with premium procesing |
Petition filed by employer on behalf of employee. |
|
Waiting in Line for Visa |
~2 years to 10+ years |
Depending on country of origin, the wait time for an E-2 green card varies. Check Visa Bulletin |
|
Green Card Application |
~6 months |
Consular Processing or Adjustment of Status is the actual green card application. |
Let’s break it down:
- PERM Labor Certification – This mandatory process takes the Department of Labor approximately 16-18 months.
- The country of origin plays the most significant role in visa availability. To get the most accurate case processing time, check the Visa Bulletin.
- Consular processing – For those applying overseas, you can expect to wait ~6 months to complete consular processing
- Adjustment of status – For those changing status inside the U.S. from a valid nonimmigrant status, you can expect to wait 7 months according to USCIS data.
Our Expert Recommendations
1. Keep an Eye on Processing Times: You can use the USCIS processing times tool in addition to the DOL PERM tracker to see how the times progress.
2. Check the Visa Bulletin Every Month: Is your priority date current or advancing? Check the visa bulletin every month to stay up-to-date on your case.
3. Consider Premium Processing: You can fast-track your I-140 processing by selecting premium processing (additional fees apply). This may be especially helpful if you’re aiming for concurrent filing or are already eligible to file the I-485.
Debating between EB-1 vs EB-2 for your immigration pathway? Talk with one of our immigration experts today to help you decide!
EB-2 Approval Rates
EB-2 I-140 petitions achieve an approval rate of between 83% and 96%. Our lawyers have an exceptional track record of securing approvals! Learn more in this EB-2 visa approval guide!
How to Apply for an EB-2 Green Card
To successfully receive an EB-2 green card, applicants and their employers must follow a multi-step process:
- The employer must request and receive a valid Prevailing Wage Determination from the National Prevailing Wage Center
- Your employer must undergo an extensive PERM recruiting process to ensure that no qualified American workers are available to take the position. Going through this process properly and with thorough documentation is critical, as random and targeted audits are conducted by the Department of Labor. This can delay your processing time significantly.
- After recruitment, the employer must file for Permanent Labor Certification (ETA 9089) using the Program Electronic Management Review (PERM) System, managed by the U.S. Department of Labor. This application is filed on the FLAG system.
In the PERM process, the employer must confirm that a full-time, permanent job opportunity exists, that it is open to U.S. workers, that no qualified, willing, and available U.S. workers applied during mandatory recruitment, and that the position will be offered at or above the prevailing wage set by the DOL.
EB-2 green card applicants seeking a National Interest Waiver (NIW) may skip this first step.
- 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.
- After the I-140 is approved and the priority date is current, the employee can apply for their green card, either through consular processing if filing from abroad or through adjustment of status if changing from another non-immigrant status, such as an H-1B.
Learn how to perform upgrade from EB-2 to EB-1 while maintaing your priority date in this guide!
PERM Labor Certification
This section covers the PERM timeline for EB-2 cases. In 2025, the average PERM Labor Certification processing time is about 16 months. The prevailing wage determination is included in this process and takes around four months.
Recruiting also takes 60 days at a minimum. In terms of a timeline, make sure to present the PERM Labor Certification within 180 days of beginning any recruiting efforts. Essentially, this process aims to ensure that no domestic workers are willing and able to carry out the job.
Once Priority Date is Current, How Long is the Wait for a Green Card?
For those inside the U.S. on a valid nonimmigrant status:
Once your priority date is current, you can apply for adjustment of status, which takes 7 months according to USCIS data. However, this typically ranges anywhere from 6-12 months.
For those outside the U.S.
Once your priority date is current, you will begin consular processing, which takes approximately 6 months. This can vary depending on the workload and appointment availability at your consulate or embassy.
Understanding EB-2 Priority Dates
Your priority date is the day that USCIS receives your employer’s PERM application, or in cases with a national interest waiver, the date the I-140 is filed.
The Department of State maintains a monthly Visa Bulletin, where they post “final action dates” that determine your place in line for a green card.
When your priority date is “current”, in other words, the final action date matches or passes your priority date, you can move forward with your green card application.
EB-2 Retrogression
Unfortunately, the monthly visa bulletin process isn’t perfect. When the demand for the EB-2 green cards is higher than those available, a “retrogression” can occur. This means the final action date moves backwards, resulting in longer wait times. This is particularly so for applicants in India and China, where priority dates are significantly backlogged.
Example: If the final-action date in the Visa Bulletin moves from January 2022 back to July 2021, only applicants with a priority date of July 2021 or earlier can move forward. Anyone with a later date must wait until their priority date becomes current again.
Applying for a Green Card
After a priority date is current, it’s time to apply for the green card. There are two routes for this: consular processing and adjustment of status.
Consular Processing
If the applicant is applying from abroad, they must be interviewed at a U.S. Consulate office in their home country. The consular office will process the application from there and determine whether the individual qualifies for an EB-2 green card.
Consular processing involves a one-on-one interview with a consular officer who will ask specific questions about your employer, your occupation, and your arrangements in the U.S.
If the officer clears you, you can travel to the U.S. and get stamped as a legal permanent resident.
Adjustment of Status
If the applicant is already in the United States on a valid nonimmigrant visa, they must adjust their status to the EB-2 using Form I-485.
Applicants will attend a USCIS Application Support Center for a biometrics appointment, which generally requires fingerprinting and a photo. Some applicants may be required to attend an interview. The final decision will be mailed to the applicant once it is available.
Check out this EB-1 NIW FAQ Guide.
The EB-2 green card process may have its challenges, but it is still a worthwhile path to work and live in the United States. Moreover, your spouse and unmarried children under 21 can accompany you in the U.S. as dependents.
After successfully obtaining your green card, you will no longer be tied to your sponsoring employer, so you have the freedom to change jobs as long as the new role is in the same or a similar occupation (for a certain period after approval).
As with any immigration path, it’s critical to conduct the process responsibly and with the oversight of an expert immigration attorney. Attorneys guide you if any roadblocks come up along the way or if they deem another employment visa to be more appropriate for your qualifications. All in all, this saves you valuable time and money in the long run.
Wondering if an EB-3 might be more appropriate for you? Check out this EB-2 vs. EB3 guide.
Frequently Asked Questions
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 total timeline for an EB-2 Green Card is between four to 10+ years. This biggest factors impacting the wait time include USCIS processing times, Department of Labor processing times, and your country of origin.
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?
Yes. Once you receive your EB-2 Green Card, you are a lawful permanent resident and generally free to change employers. However, because your green card was granted on the basis of a permanent job offer, immigration authorities expect you to remain with your sponsoring employer for a reasonable period of time after approval.
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 occupation 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. Learn more in this EB-2 for Physical Therapists guide.
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. Learn more in this EB-2 to EB-1 Porting guide.
How VisaNation Can Help
When it comes to employment-based immigration, you want to get it right the first time. The EB-2 green card attorneys at VisaNation Law Group have extensive experience with complex employment immigration cases and can assist you with all stages of the process.
Book a consultation today with a VisaNation attorney for a comprehensive evaluation