EB-2 Green Card

What is EB-2 Green Card

Applicants for the EB-2 visa, an employment-based visa, are categorized based on their skills, background, and knowledge. An EB-2 green card is available for those foreign workers who fall into the United States’ second preferred category. They are available for individuals who fall into the following EB-2 visa categories. One of the requirements for EB-2 visa applicants is having a job from a sponsoring U.S. employer. The remaining requirements are outlined in the guide below.

EB-2 Requirements 

The EB-2 subcategories are:

• Advanced Degree: Foreign workers in this subcategory must have more than a bachelor’s degree, such as a Master’s or Doctorate, or its foreign equivalent. One equivalent is a bachelor’s degree and at least five years of work experience in the field. The U.S. Department of Labor’s Foreign Labor Certification Process must approve workers in this category.

• Exceptional Ability: Foreign workers in this subcategory have a specialized degree and significant competence in art, business, or science. The U.S. Department of Labor’s Foreign Labor Certification Process must also approve workers in this category.
• National Interest Waiver: Foreign workers in this subcategory are seeking to have the Foreign Labor Certification Process waived because it is in the national interest of the United States to do so. Unlike the other EB-2 green card categories, these workers do not need an employer sponsor and may self-petition for an EB-2 visa. Learn about qualifying for an EB-2 National Interest Waiver.

Additional EB-2 Visa Requirements

Immigrants seeking an EB-2 green card under the Exceptional Ability or National Interest Waiver categories must additionally meet at least three of the following requirements:

• Official academic record of a degree relating to the field of exceptional ability
• Documentation of at least ten years of work experience in the field
• Professional license or certification
• A salary that indicates the person has exceptional ability in the field
• Be a member of related professional associations
• Peer or government recognition of achievements in the field
• Any other comparable evidence of exceptional ability

EB-2 Green Card Processing Time

The overall EB-2 visa processing time takes from 22 months to several years.

Let’s break it down:

• PERM Labor Certification – This mandatory process takes the Department of Labor approximately 16 months
• Country of origin plays the most significant role in visa availability. Most countries have a waiting period of 22 months, while India has a wait of over 12 years, and China has over 5 years.

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.

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!

EB-2 Category Process

To successfully receive an EB-2 green card, applicants and their employers must follow a three-step process.

1. The first step is for the employer who wishes to hire a foreign worker to file with the U.S. Department of Labor for Permanent Labor Certification using the Program Electronic Management Review (PERM) System.

The employer must certify that a job opening is available in a specified professional field, the job is also available to U.S. workers, the employer needs a foreign worker, and the pay is at a prevailing industry rate.

2. Your employer will need to undergo an extensive recruiting process to ensure that no qualified American workers are available to take the position. Going through this process correctly is critical, as raising suspicion may trigger an audit from the Department of Labor. This could delay your processing time for up to a year and a half.

3. If the employer meets the requirements, the Department of Labor will issue the necessary PERM form. EB-2 green card applicants seeking a National Interest Waiver (NIW) may skip this first step.

4. 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.

Here’s a summary of the broader green card process steps: 

1. PERM/Labor Certification
2. File I-140 Petition
3. File I-485 Application to Adjust Status or Consular Processing

PERM

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 5-6 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 the priority date becomes current, how long does it take to get 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 can range 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.

EB-2 Priority Date Retrogression and Consular Processing

The priority date changes over time depending on how many visa applications are being processed. Applicants need to be aware of retrogression in the priority date. It occurs when more applicants for an EB-2 green card are available than the allocated green cards.

For example, if the current processing time is three months and suddenly there is a spike in the number of applications, only applicants who have filed at least six months ago might be allowed to proceed to the next step. This means that as soon as you can proceed to the final step, it is in your interest to do so if you do not want to experience delays in the EB-2 processing time.

When applicants can proceed to the final step, they may follow one of two different procedures.

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 is done through 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 then be told to go to a USCIS Application Support Center for security processing, which generally requires fingerprinting and taking your picture. Some applicants may be required to attend an interview. The final decision will be mailed to the applicant once it is available.

How Long Will the Total Process Take?

The total processing time varies tremendously depending on your country’s visa availability and the service center that processes your I-140. On average, however, the I-140 petition takes about 7.6 months to process according to USCIS data.

If six months is too long to wait for your I-140, you may consider opting for the premium processing service. The USCIS offers this optional feature and shortens your petition processing time from about six months to 15 calendar days for a fee of $2,805

If you are required to get a PERM Labor Certification, this can take around 16 months – audits can cause further delays. To ensure the best chances of avoiding an audit, work alongside an immigration attorney.

Once USCIS approves your petition, you must wait until your priority date is current. For most countries, the date will be current as soon as the petition is approved. However, for EB-2 processing time for India and China, the dates may not be current for several years. The only way to expedite this process is to switch from EB-2 to EB-1 status and maintain your priority date, best done with an experienced immigration attorney.

After your priority date is current, you can begin either:

•  I-485 Adjustment of Status – which will take around seven months to process.
•   Consular Processing, which takes approximately six months.

Ultimately, without premium processing, the total EB-2 processing time can range from a year and a half to several years. Because this varies from case to case, speak with your attorney to better understand how long you can expect to wait for your EB-2 visa.

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 processing time for an EB-2 Green Card varies and can take several months to several years, depending on various factors such as USCIS processing times, visa availability, and the applicant’s circumstances.

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?

After obtaining an EB-2 Green Card, you can change employers. However, the new job should be in the same or similar occupational category as the original job offer.

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.