EB-2 Green Card (PERM) – U.S. Permanent Residency for Advanced Degree Professionals and Individuals with Exceptional Ability
The EB-2 Green Card is part of the second-preference employment-based immigration category, intended for individuals who are either professionals with an advanced degree or individuals with exceptional ability in the sciences, arts, or business. This category typically requires a job offer and an approved PERM Labor Certification unless the applicant qualifies for a National Interest Waiver (NIW).
If applying under the advanced degree category, the job must require at least a U.S. master’s degree (or its foreign equivalent) or a bachelor’s degree followed by at least five years of progressive, post-baccalaureate experience in the field. Applicants must also meet all job requirements listed on the labor certification. Acceptable documentation includes academic records and employer letters confirming experience. For roles that typically require a doctorate, the applicant must hold a U.S. or equivalent foreign doctoral degree.
If applying under the exceptional ability category, the applicant must demonstrate expertise significantly above what is typically found in their field. To qualify, they must satisfy at least three of several criteria, including possession of a relevant academic degree, 10 years of full-time work experience, a professional license or certification, a record of high earnings, membership in professional associations, or recognition from peers and institutions. Comparable evidence may also be submitted if these criteria do not directly apply.
Most EB-2 petitions must be supported by a PERM Labor Certification (Form ETA 9089), approved by the U.S. Department of Labor. This process ensures that no qualified U.S. workers are available for the role. The sponsoring employer must also prove its ability to pay the offered wage, demonstrated through tax returns, annual reports, or audited financial statements. However, if applying under the National Interest Waiver, the labor certification and job offer requirements are waived, and the applicant may self-petition.
EB-2 Green Cards offer permanent resident status, which allows recipients to live and work in the United States indefinitely, as long as they maintain continuous residency and comply with immigration regulations.
In addition, once the I-140 petition is approved, the applicant’s spouse and unmarried children under 21 may apply to join them in the United States under E-21 and E-22 immigrant visa categories, respectively.
The EB-2 visa is a strong option for professionals and talented individuals seeking a long-term future in the United States, particularly when supported by employer sponsorship or when the national interest justifies waiving standard requirements.