Who qualifies for EB-2?

Both the PERM path and the NIW path need one of these two routes.

Advanced degree: a U.S. master's degree or higher, or a foreign equivalent. A U.S. bachelor's degree or foreign equivalent plus 5 years of progressive experience in the specialty also counts. The job or the endeavor must be in a profession, which requires at least a bachelor's degree for entry.

Exceptional ability: a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. You need at least 3 of these 6 criteria, and USCIS then weighs all the evidence:

  • A degree, diploma, or certificate in the area of ability
  • Employer letters that show at least 10 years of full-time experience
  • A license or certification for the occupation
  • Pay that shows exceptional ability
  • Membership in professional associations
  • Recognition for achievements and contributions from peers, government entities, or professional or business groups

How does the PERM path work?

In the PERM path, a U.S. employer offers you a permanent job and sponsors you. The Department of Labor (DOL) must certify that there are not enough U.S. workers able, willing, qualified, and available for the job. DOL must also find that your employment will not adversely affect the wages and working conditions of U.S. workers.

The employer, not the worker, files the application. For a professional job, the main steps are these:

  • The employer asks DOL for a prevailing wage determination for the job.
  • The employer places a 30-day job order with the state workforce agency and two print advertisements, usually in a newspaper on two different Sundays.
  • The employer also completes 3 additional recruitment steps from a list in the DOL rules.
  • The mandatory steps take place at least 30 days, but no more than 180 days, before the filing.
  • The employer files Form ETA-9089 online with DOL. The filing date becomes your priority date.
  • After DOL certifies the application, the employer must file Form I-140 within 180 calendar days, or the certification expires.

Who pays for PERM, and what must the employer prove?

The employer pays for the PERM process. DOL rules bar the employer from seeking or receiving any payment for it from you, including its attorney fees or deductions from your wages. You can pay your own attorney, but not when the same attorney also represents the employer.

The employer must also prove its ability to pay the offered wage. That duty starts on the priority date and continues until you get permanent residence. Evidence includes annual reports, federal tax returns, or audited financial statements.

Schedule A occupations, such as professional nurses and physical therapists, skip the individual labor certification. These petitions still need Form ETA-9089 pages and a prevailing wage determination.

How does the national interest waiver (NIW) work?

The NIW waives the job offer and the labor certification, so you can file Form I-140 for yourself. USCIS can grant the waiver as a matter of discretion. You must prove three prongs by a preponderance of the evidence:

  • Prong 1: Your endeavor has substantial merit and national importance. USCIS looks at its broader impact on a field, a region, or the public, not only on one employer.
  • Prong 2: You are well positioned to advance the endeavor. USCIS looks at your education, skills, record of success, plan, progress, and interest from investors or users.
  • Prong 3: On balance, a waiver of the job offer and labor certification benefits the United States. Factors include urgency, potential job creation, and the value of your work even if U.S. workers are available.

What evidence does an NIW need?

Describe your endeavor in plain words, with specific projects and goals, not only job duties. Support your plan and your letters with independent evidence. Every NIW petition must include Form ETA-9089, Appendix A, and a signed Form ETA-9089 Final Determination.

A national shortage in your occupation is not enough by itself. General claims that entrepreneurs create jobs also need detail about your own business.

What does EB-2 cost, and how long does it take?

The USCIS fees below apply as of October 2026, from Form G-1055 (edition 10/16/26). The schedule lists no Pub. L. 119-21 (H.R. 1) fee for Form I-140.

Processing times vary. Check the USCIS processing times page at egov.uscis.gov/processing-times. With premium processing, USCIS acts within 15 business days on an EB-2 petition without an NIW. For an NIW petition, the period is 45 business days. If USCIS misses the period, it refunds the premium fee.

  • Form I-140: $715 by paper or $665 online
  • Asylum Program Fee with Form I-140: $600 for an employer, $300 for a small employer or a self-petitioner, and $0 for a nonprofit
  • Form I-907 premium processing: $2,965, plus the other fees
  • Form I-485 for an applicant over age 14: $1,440 by paper or $1,390 online

When can you get the green card?

Your priority date sets your place in line. In the PERM path, it is the date DOL accepts the labor certification application. In the NIW path, it is the date USCIS properly files your complete petition with the correct fee.

You get the green card only when a visa is available for your priority date, as the monthly Visa Bulletin shows.

If you are in the United States after inspection and admission or parole, you may file Form I-485 for adjustment of status. You can file it with Form I-140 or later, if a visa is immediately available. If you are abroad, USCIS sends the approved petition to the National Visa Center. Your spouse and unmarried children under 21 can apply as derivatives.

What changed in 2025 and 2026?

Proclamation 10998 took effect on January 1, 2026. For nationals of Venezuela, Cuba, Haiti, and other listed countries, it suspends immigrant visas, with limited exceptions. It applies only to people who were outside the United States without a valid visa on that date.

USCIS memos PM-602-0192 and PM-602-0194 put pending applications from nationals of listed countries on hold. Federal courts in Rhode Island and California vacated and enjoined both memos in June and August 2026. On August 14, 2026, the First Circuit stayed the Rhode Island ruling only for the policy to re-review approved benefits.

For Form I-485 filed on or after September 18, 2026, a new public charge final rule applies. USCIS accepts only the 09/18/26 edition of the form.

The Gold Card program uses a separate form, Form I-140G. It can request EB-2 NIW classification for exceptional ability.

These rules may change, and some are in litigation. Get a case-specific review before you file or travel.

How Buroz Law helps

Rene Buroz is an immigration attorney in Aventura, FL. The firm reviews which EB-2 path fits your case. For employers, it prepares the PERM case: the prevailing wage request, the recruitment record, and Form ETA-9089. For an NIW, it helps you define the endeavor and builds an evidence plan for each prong. It prepares Form I-140 and the Form I-485 or consular filings. It also answers requests for evidence and prepares you for interviews, in English or Spanish.

Step by step

  1. Confirm EB-2 eligibility

    Gather degree records and experience letters, or evidence for 3 of the 6 exceptional ability criteria.

  2. Choose the path

    With a permanent job offer, PERM is the usual path. If your work has national importance, ask whether an NIW fits.

  3. Complete PERM or prepare the NIW

    For PERM, the employer completes the wage request, recruitment, and Form ETA-9089. For an NIW, collect evidence for each prong.

  4. File Form I-140

    File within 180 days of the PERM certification, or with the NIW package. Add Form I-907 for premium processing.

  5. Answer USCIS requests

    If USCIS sends a request for evidence or a notice of intent to deny, give the evidence it asks for.

  6. Apply for the green card

    When a visa is available, file Form I-485 in the United States or complete consular processing.

Frequent questions

Do I need a job offer for an EB-2 green card?

Usually yes. A U.S. employer files the petition after a PERM labor certification. The NIW is the exception: it waives the job offer and PERM, so you can file for yourself.

Can I pay my employer's PERM costs?

No. DOL rules bar the employer from seeking or receiving payment for the PERM process, including its attorney fees and wage deductions. You can pay your own attorney if that attorney does not also represent the employer.

Does the 2026 travel proclamation affect EB-2?

It can. Proclamation 10998 suspends immigrant visas for nationals of Venezuela, Cuba, and other listed countries, with limited exceptions. It covers people who were abroad without a valid visa on January 1, 2026.

Is the Gold Card the same as an EB-2 NIW?

No. The Gold Card program uses Form I-140G, with a $15,000 filing fee per person. A self-petitioner must also give a $1 million gift per person.

Related

Official sources