EB-2 with PERM Labor Certification

EB-2 with PERM Labor Certification

The EB-2 PERM pathway is an employer-sponsored green card for professionals who hold an advanced degree (master's or higher, or bachelor's plus 5 years of progressive experience) in their field. Unlike EB-2 NIW, this category requires both an employer sponsor and a PERM labor certification from the Department of Labor (DOL).

What Is PERM?

PERM (Program Electronic Review Management) is the DOL's process to certify that there are no qualified US workers available for the position being offered to the foreign national. The employer must: 1. Conduct good-faith recruitment (ads in newspapers, job boards, internal postings) 2. Document that no qualified US worker applied or was rejected for non-job-related reasons 3. File ETA Form 9089 with DOL

PERM processing typically takes 6–18 months and can be audited by DOL, potentially adding 12+ months.

Eligibility Requirements

• Hold an advanced degree (or US equivalent) in the occupational field, OR
• Hold a bachelor's degree plus 5 years of progressive post-baccalaureate experience
• Have a US employer willing to sponsor and conduct PERM recruitment

Priority Date Backlogs

Once the I-140 is approved, India and China-born applicants face severe backlogs in the EB-2 category — sometimes decades. Most other nationals see current or near-current priority dates.

Steps Overview

The full process involves PERM → I-140 → Priority Date → I-485 (or Consular), which can take 2–5 years for most nationalities and significantly longer for Indians and Chinese nationals.