Standard EB-2 (with PERM) requires a U.S. employer sponsor, a permanent full time job offer, and a Department of Labor approved PERM labor certification confirming that no qualified U.S. workers are available for the role. The position must require an advanced degree or its equivalent (a bachelor’s degree plus five years of progressive experience).
The EB-2 National Interest Waiver allows the applicant to self petition by demonstrating that the proposed endeavor has substantial merit and national importance, the applicant is well positioned to advance the endeavor, and on balance it would benefit the United States to waive the job offer and labor certification requirement.
Standard EB-2: the employer first conducts PERM recruitment and files ETA Form 9089 with the Department of Labor. After PERM certification, the employer files Form I-140 with USCIS. Once I-140 is approved and the priority date is current, the employee adjusts status or consular processes.
EB-2 NIW: the applicant files Form I-140 with a self petition supported by evidence of the proposed endeavor, qualifications, and national importance. Premium processing is available for both standard EB-2 and EB-2 NIW I-140 petitions.
Spouses and unmarried children under 21 of EB-2 principals are derivative beneficiaries and receive their own permanent resident status alongside the principal.
Chary Law represents employers and individuals across both EB-2 standard and NIW pathways. Contact us to evaluate which is right for you.
Disclaimer: The information on this page is provided for general informational purposes only and does not constitute legal advice. Immigration law is complex and fact-specific. No attorney-client relationship is formed by reading this content. Results in prior cases do not guarantee future outcomes. Please consult with a qualified immigration attorney regarding your individual circumstances.
