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. They must have a job offer from a U.S. employer and meet specific criteria.

The PERM labor certification process is required for most EB-2 Green Card applicants unless they are seeking a National Interest Waiver (NIW). It involves an employer testing the U.S. job market to prove that no qualified U.S. workers are available for the position.

Foreign professionals who fall into one of the EB-2 categories are eligible for this green card:

Advanced Degree:  Applicants in this category 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: Applicants in this category 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.


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

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 (PERM).

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.

The employer will need to carry out a recruiting process to ensure no qualified American workers are available to take the position.

After receiving labor certification, 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.

If the applicant is not in the United States, the applicant must be interviewed at a US Consulate 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 the employer and the applicant's occupation.

If the applicant is already in the United States on a different visa, the applicant must adjust their status to the EB-2 using Form I-485.

Contact Donald Gross Law for a free 30-minute consultation to start the application process for your EB-2 PERM green card.