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The EB-2 green card falls between the EB-1 category, which requires extraordinary ability, and the EB-3 category, which often involves longer processing times. The EB-2 category is typically the most suitable option for obtaining permanent residency if you hold a Master's degree or possess exceptional skills.

The PERM route will now require you to wait 24-30 months before you can file a green card petition. The EB-2 NIW allows eligible individuals to self-petition, eliminating the labor certification process.

What Is the EB-2 Green Card?

The EB-2 visa is categorised as the Second Preference employment-based visa for professionals with advanced qualifications. Unlike the EB-1 visa, where you must be among the top in your field, the EB-2 does not require you to be the absolute best. To qualify, you need to hold a degree beyond a bachelor's, but the processing time for the EB-2 is typically faster than that of the EB-3 visa.

EB-2 allows you to obtain permanent residency, enabling you to reside and work anywhere in the U.S. for as long as you wish, with the eventual opportunity to acquire American citizenship. You are not tied to a single employer with their approval.

EB-2 Categories: PERM vs NIW

EB-2 PERM (Labour Certification Path)

Your employer demonstrates to the Department of Labour that no U.S. employee can take the position. They determine payments, recruit employees to identify potential U.S. workers, explain why not all are appropriate, and handle paperwork.

Who is a user of PERM: Computer programmers in technology companies, scientists in academic institutions, factory engineers, physicians, and nurses.

The tradeoff: The entire PERM procedure will take 24- 30 months until the employer can submit an I-140 to USCIS

EB-2 NIW (National Interest Waiver)

You can petition yourself to ensure your work has substantive merit and national importance—none of that wage setting, labour certification, or hiring tests. You submit Form I-140 directly to USCIS.

NIW users: Researchers of climate, disease, or the safety of AI; creators of employment in their companies; specialists in the field of green energy or health issues.

The benefit: There is no need for the PERM steps, and it saves 12-24 months. Even when you switch jobs or start a business, your application does not get stuck with either employer.

Debate on What Route It Should Take?

NIW generally makes the process quicker and allows greater freedom of movement if your employment has a significant national impact. Otherwise, one should resort to PERM.

Strategy 2026: Many applicants file all options simultaneously, with NIW potentially approved 18 months sooner, encouraging a proactive and hopeful approach.

EB-2 Requirements Overview

Eligibility rules should be known to you so that you do not waste time.

Degree Requirement

• A Master's degree or above in any discipline, OR.
• Bachelor's degree, five years of progressive, post-degree working experience.

Progressive experience means you are moving up and not repeating the same job. The level must be appropriate for the desired job. If it is in a foreign language, you need to have it assessed.

Extraordinary Skill Requirement.

If you do not hold an advanced degree, you must demonstrate outstanding skills in science, art, or business. It is less than EB-1A “extraordinary ability”; you must be more than average but not the finest.

These are six criteria: you have to demonstrate at least three:

Common Evidence Examples

In case of an advanced degree: Diploma, transcripts, credential assessment in case of a foreigner, and evidence that the degree applies to the job.

To be of Exceptional Ability: Bachelor, extensive employer feedback letters of 10 years or more working, qualifications, demonstration of high wages, participation in selective organisations, and industry awards.

EB-2 PERM Process & Timeline (2026 Reality)

The PERM process is sequential: the next step does not occur until the previous step is completed.advancing and not repeating the same role

Stage 1: Prevailing Wage Determination (PWD)

Current Wait: 6‑8 months.

The employer completes the ETA-9141 form to specify the minimum salary. In 2026, this will take 6‑8 months. In case of redetermination, another 4-6 months.

Stage 2: Labor Market Testing & Recruitment

Curatory Duration: 3-4 months (made by law).

The employer must demonstrate that there are no qualified U.S. workers by posting for 10 business days, 30 days on the state workforce agency, 1 Sunday newspaper, and any other required methods. Following the recruitment process, there is a required 30-day silent period.

The employer is allowed 180 days following the end of the recruitment to submit the PERM petition. Losing that window would be a new beginning.

Stage 3: DOL Analyst Review (The Bottleneck)

Current Wait: 13-16 months

The cases filed approximately 14 months ago are being handled by the Department of Labour as of January 2026. Filing now would mean you would not have anything until early to mid-2027.

Why? DOL is free and relies on federal appropriations. They are not in a position to hire additional analysts immediately as case volume increases.

Labour

Approximately 30 per cent of PERMs are audited due to family relationships with an employer, unusual job requirements, remote work, or recruiting practices that exclude U.S. employees.

Impact: An audit adds 6‑12 months. That is where the entire PERM process may take more than three years.

Once the PERM has been granted, the employer submits number 1 I-140 to the USCIS (4 -6 months under regular processing, 15 business days under premium processing). An approved I -140 freezes the priority date. You, a native of India or China, still have to wait till that date is current.

Priority Dates Visa Bulletin: Waiting to See.

The date you receive the PERM paperwork is your priority date if filing under the normal Department of Labour process, or the date you receive the I-140 if filing for a National Interest Waiver (NIW). That day will place you in the queue for a green card.

The State Department publishes the Visa Bulletin every month. It gives the cutoff date of each category and country of visa. If your priority date is earlier than the indicated cutoff, you may submit your Form I-485, which moves you a step closer to permanent residence.

Backlog Position (India and China).

By early 2026, Indians with an EB-2 green card will be waiting in several-year queues. The Final Action Date indicates the length of the years during which you are expected to wait, even after your I-140 has been approved.

Why does this happen? U.S. law limits the number of green cards a country can receive per year to 7 per cent of the total. The line has lengthened because a large number of Indians and Chinese are applying.

EB-2 vs Other Job-Based U.S. Green Cards

The speed vs accessibility of EB-2 and EB-1.

The faster one is based on stricter criteria. EB-1 does not require a PERM and typically uses current dates. It is much faster if you are qualified. EB‑1 requires either:

• Extraordinary ability (EB‑1A).
• Outstanding performance as a professor or researcher (EB-1B).

Possession of status as a multinational executive or manager (EB-1C).

EB-2 vs. EB-3: When Downgrading Is a Wise Choice

The EB-2 category requires only a bachelor's degree, but its backlogs may be longer. Another unintuitive move is to apply simultaneously for EB-2 and EB-3 (interfiling). If the EB-2 dates are better, you may change while maintaining the previous EB-2 priority.

EB-2 PERM vs EB-2 NIW: Employer Dependency

PERM mandates that a given employer sponsor you within a period of 24-30 months. If you depart before submitting your I-485, you will likely need to start a new one. NIW allows you to apply independently. You may switch jobs, start a business, or take a break; none of these will affect your application. In case you satisfy the NIW requirements, the latter is nearly the more appropriate choice in terms of regaining freedom and saving time.

EB-2 Costs & Fees (2026 Breakdown)

Government Filing Fees

Consult the current USCIS fee schedule online, as it is subject to change.

Who Pays What?

Employers must pay the labour certification (PERM) and the I-140 registration fees. They are unable to request that employees recompense them.

These costs (I-485 and other medical examination fees) are paid by employees, but in some cases by employers.

The bargains on legal fees occur between the employer and the employee; the law does not mandate it.

Common EB-2 Challenges & How to Navigate Them

Audit Prevention PERM Audit Triggers.

The probability of audit risk increases in case you are connected to the employer, have extremely specific requirements of the job, or the employer does not submit many cases. Good paperwork at the beginning is the best defence: keep the resumes, the rejection letters, and the evidence of the posted ads.

Strategy of Retrogression of Priority Dates.

Your priority dates may be reversed if you are of Indian or Chinese origin.

Strategy 1: I will file Form I-485 once the date becomes current. Until then, a pending I-485 allows you to work and travel.

Strategy 2: Please consider filing EB-3 simultaneously. In previous years, EB-3 for India was faster than EB-2 for India.

Strategy 3: If the EB-3 dates are more favourable, consider the option to downgrade from EB-2 to EB-3.

The Reason To Deny Some EB-2 Applications.

PERM is not approved due to improper recruitment in accordance with DOL regulations, the rejection of U.S. employees on illegal grounds, discrepancies between the terms of employment and the company's activities, and comparatively low salaries.

I-140 is denied because the employer is unable to demonstrate that it will pay the offered salary, the employee fails to satisfy the advanced-degree or exceptional-ability requirements, or the evidence is weak or conflicting.

Most denials are preventable through proper preparation.

In case of a 24-30 months PERM wait:

EB-2 NIW: You do not need to obtain labour certification and simply skip it in case your employment is of national significance. Saves 18+ months.

• Concurrent filing: Filing PERM and NIW. Separate savings of almost two years in case NIW wins first.

• EB-1 when you are worthy: Faster dates and no PERM.

• O-1 visa as a transitory one: It permits you to work until doing EB-2 or EB-1.

The brightest candidates in backlog countries are in multitrack roles.

The EB-2 procedure is even more complex in 2026. The longest PERM backlogs can reach 2 years, and priority date retrogression affects many individuals. A year will help identify a way out.

We assist professionals with PERM and NIW. Software engineers successfully navigated NIW self-petitions that did not require labour certification and assisted employers in creating PERM applications that reduced audit risk.

Schedule your EB-2 evaluation today to explore the fastest pathway to your green card.

General EB-2 Green Card Frequently Asked Questions.

Q1: The research question should be the following: How does the EB-2 PERM process actually take place in 2026? The EB-2 PERM requires 24 -30 months before your employer can submit an I-140. It would take 6 to 8 months to get the wage check, 3 to 4 months for job advertisements, and 13 to 16 months for the Department of Labour. Add 6 -12 months in case the case is audited.

Q2: Is it possible to use EB-2 PERM and EB-2 NIW simultaneously? Yes. Many individuals submit a PERM to a company and simultaneously file a self-petition under NIW. If the NIW is approved in the meantime, you can save for over 18 months. If the NIW is not granted, the PERM process continues. Unfortunately, you will need to pay for both petitions initially.

Q3: Do I need a job offer for EB-2? In the case of EB-2 PERM, you must possess an employment offer and a sponsoring employer. EB-2 NIW requires no job offer; self-petitioning may be on the basis of work that serves the national interest of the United States.

Q4: Will this change something with my EB-2 application because of the change in jobs? In the case of PERM, if you leave your job before submitting your I-485, processing is typically terminated. If you filed Form I-485 and it has been pending for at least 180 days, you may transfer to another employer that offers the same or a similar job (AC21 portability). NIW applications continue regardless of the kind of job you are in.

Q5: For EB-2 PERM, can I use premium processing? No. Premium processing is not available for PERM applications with the Department of Labour. After receiving a PERM, and once your employer submits the I-140 to USCIS, you may pay a premium processing fee to expedite the I-140, which takes approximately 15 business days.

Q7: What is such a long queue in the India EB-2? The U.S. has green card limits, with a cap of 7% per year. Indians are so desperate that they are willing to accept jobs offered under green cards, resulting in a long, multi-year backlog.

Q8: Shall I move down to EB-3? Since they would get me sooner than EB-2, would that be better? It might help. This is primarily for individuals from India or China, where EB-2 preference dates are very backlogged. The priority dates of EB became faster in certain years. If you already have an approved EB-2 I-140, you can submit a new EB-2 petition, retaining the original EB-2 priority date. Close attention must be paid to the Visa Bulletin.

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