EB-2 Green Card

 EB-2 Category Process 

To successfully receive an EB-2 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 US 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 US workers, the employer needs a foreign worker, and the pay is at a prevailing industry rate. 

• Your employer will need to undergo an extensive recruiting process to ensure 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. 

• 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. 

• 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. 

EB-2 Priority Date Retrogression and Consular Processing 

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

Consular Processing 

If the applicant is not in the United States, 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 US. If the officer clears you, you can travel to the US and get stamped as a legal permanent resident. 

Adjustment of Status 

If the applicant is already in the United States on a different 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 of origin and the service center that processes your I-140. On average, however, the petition takes about six months to process. 

If you are required to get a PERM Labor Certification, that could take anywhere from eight months to two years depending on whether or not your employer is audited after the recruitment process. To ensure the best chances of avoiding an audit, make sure you work alongside an immigration attorney. 

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 

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 port your green card petition from EB-2 to EB-1, which is no easy task. 

After your priority date is current, you can submit your I-485, which will take around six months to process. Again, like the I-140, this depends on the caseload of your service center. 

All told, 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.