EB-2 (PERM & NIW)
EB-2 category is an employment-based, second-preference visa for individuals who possess either:
-
Advanced Degrees – a degree beyond a bachelor’s (master’s or higher) or a bachelor’s degree with at least five years of progressive work experience in the relevant field, or
-
Exceptional Ability – applicants with exceptional ability in the sciences, arts, or business, meaning they have a level of expertise significantly above the ordinary.
EB-2 PERM
PERM is the labor certification process required for most employment-based green card applications in the EB-2 and EB-3 categories. It ensures that hiring a foreign worker will not negatively affect the wages or job opportunities of U.S. workers. As part of the process, the sponsoring employer must conduct a recruitment campaign to test the labor market and demonstrate that no qualified, willing, and available U.S. workers can fill the position. Once this is verified, the employer files a form with the DOL to obtain labor certification, a prerequisite for filing the immigrant petition with U.S. Citizenship and Immigration Services (USCIS).
Step 1:
Prevailing Wage Determination
Approx. 6-7 months
Prevailing Wage Determination (PWD) is the process by which the U.S. Department of Labor sets the minimum wage an employer must pay a foreign worker, ensuring it aligns with wages paid to similarly qualified U.S. workers in the same role and location. This protects domestic labor and ensures fair compensation, preventing wage undercutting. PWD is required before filing for labor certification or certain employment-based visas.
Step 2:
Recruitment
Approx. 3-4 months
Once the sponsoring employer receives PWD, he/she will then need to complete recruitment process. It requires the employer to advertise the job through multiple channels to test the U.S. labor market, which includes placing two Sunday ads in a major newspaper, posting with the state workforce agency, and advertising internally. The employer must show that no qualified, willing, and available U.S. workers applied, ensuring the foreign worker's hiring does not negatively impact domestic workers.
Step 3:
PERM Labor
Certification
Approx. 12-14 months
PERM certification is the process through which the Department of Labor ensures that hiring a foreign worker with an advanced degree or exceptional ability will not negatively impact the wages or job opportunities of U.S. workers. Once the sponsoring employer conducts a recruitment campaign to demonstrate that no qualified, willing, and available U.S. workers can fill the role, the employer will then file PERM with the DOL to obtain labor certification.
Step 4:
Immigrant Petition with USCIS
Approx. 8-12 months
I-140: After the DOL approves ETA Form 9089, the employer can file Form I-140, the Immigrant Petition for Alien Workers, to proceed with the green card process. This must be done within 180 days before the PERM labor certification expires. At this stage, USCIS evaluates the sponsored worker’s qualifications to ensure they meet the job requirements and verifies the employer’s financial ability to sustain the position. Employers may request expedited processing, which costs $2,805 and guarantees a decision within 15 business days.
I-485: This is the final stage of the green card process, the sponsored worker (and any dependent family members) are eligible to apply for their green cards by either filing Form I-485 with USCIS or by undergoing Consular Processing at the U.S. Consulate in their home country.
At this stage, the employee and any dependent family members would also be able to file for Work Authorization and Advance parole, which should come through in about 90 days from the date of application.
EB-2 National Interest Waiver
The EB-2 National Interest Waiver (NIW) allows foreign professionals with advanced degrees or exceptional ability to apply for a U.S. green card without the need for employer sponsorship or labor certification (PERM). Instead of proving no qualified U.S. workers are available, applicants must demonstrate that their work benefits the United States in a way that justifies waiving standard job offer and labor market requirements.
Who is Eligible?
To qualify for EB-2 visa, applicants must possess either an advanced degree or demonstrate exceptional ability in the sciences, arts, or business, meaning their expertise is significantly above the norm.
However, applicants can request a National Interest Waiver (NIW) if their work is deemed beneficial to the national interest of the United States. The NIW allows them to bypass the need for a job offer and labor certification. Upon approval, the applicant becomes a lawful permanent resident and obtains a green card.
How does my Expertise Serve the National Interest of the United States?
Proposed endeavor should offer significant benefits to the U.S. in various aspects, such as the economy, job market, national defense, scientific and technological advancements, and (inter)national trade.
The applicant must provide evidence supporting the following criteria:
-
Proposed endeavor holds substantial merit and is of national importance.
-
Applicant is well-positioned to advance the proposed endeavor.
-
On balance, it would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.
Industries of substantial merit and national importance include, but not limited to: education, healthcare, aerospace, STEM industry (Science, Technology, Engineering), computers and information technology (IT), engineering, supply chain and logistics of consumer goods & services, real estate development, culinary, and economic / business / financial.
What are the Benefits of the EB2 NIW Visa?
-
No Employer Sponsorship Required
-
Bypasses Labor Certification (PERM)
-
Faster Processing Times
-
Premium Processing Available (I-140 decision in 15 business days)
-
Family Immigration Benefits – once the I-140 petition is approved, spouses and unmarried children under 21 can apply for permanent residency.
What is the Application Process?
The application process involves the following steps:
-
Eligibility Assessment – confirm that you meet the criteria for an advanced degree or exceptional ability and can demonstrate that your proposed work has substantial merit and national importance.
-
File Form I-140 – it establishes your qualifications and eligibility. Premium processing available.
-
Submission of Evidence – provide robust supporting documentation, including (but not limited to): letters of recommendation, detailed professional plan, published research or articles, awards and recognitions, higher education diplomas, proof of professional association memberships, any other material that substantiates the national interest of your work.
-
USCIS Adjudication – USCIS evaluates the petition to determine if the applicant's work genuinely serves the national interest of the United States. A favorable decision results in I-140 approval.
-
Adjustment of Status or Visa Processing – after I-140 approval (or if concurrent filing available), applicants must verify green card availability by consulting the Visa Bulletin. If the priority date is current, applicant may file Form I-495 to adjust his status within the U.S. or start visa processing at a U.S. consulate abroad.
OUR OFFICE
20200 West Dixie Highway, Suite 902
Aventura, FL 33180
Email: rakitina.law@gmail.com
Phone: +1 (786) 874-5022
ATTORNEY ADVERTISING. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of Rakitina Law Firm, or any individual attorney at all. The information available at this web site is for informational purposes only and not for the purpose of providing legal advice. You should contact Rakitina Law Firm directly in order to receive consultation, legal advice or both.