EB-2 green card with PERM: advanced degree, I-140 and priority dates

Who this is for

Workers whose job requires a master's degree or higher, or a foreign equivalent
Workers whose job accepts a bachelor's degree plus at least five years of progressive experience in the field, in place of a master's
People with exceptional ability in the sciences, arts or business, shown by meeting several of the regulatory criteria
Workers with a permanent, full-time job offer from a U.S. employer willing to complete PERM
Workers inside or outside the U.S., often including people on H-1B, L-1 or other statuses

Forms involved

Form	Official name	What it does
ETA-9141	Application for Prevailing Wage Determination	The employer asks the Department of Labor to set the minimum wage for the job and location.
ETA-9089	Application for Permanent Employment Certification (PERM)	Filed by the employer with the Department of Labor through the FLAG system after recruitment.
I-140	Immigrant Petition for Alien Workers	The employer files this with USCIS, with the certified labor certification, to classify the worker as EB-2.
I-485	Application to Register Permanent Residence or Adjust Status	Used by workers in the U.S. to apply for the green card when a visa number is available.
DS-260	Immigrant Visa and Alien Registration Application	Used by workers abroad to apply for an immigrant visa through a U.S. consulate.

Step by step

Define the job and its requirementsThe employer writes the job duties and minimum requirements, such as a master's degree or a bachelor's plus five years of progressive experience, based on real business needs.
Prevailing wage requestThe employer files Form ETA-9141 and receives a wage it must at least offer for the role.
Recruitment and PERM filingThe employer advertises the job as DOL rules require, reviews U.S. applicants in good faith, and if no qualified worker is found, files Form ETA-9089. The filing date usually becomes the priority date.
File Form I-140After DOL certifies the PERM, the employer files the I-140 with USCIS within the certification's validity period, showing the worker meets the job requirements and the employer can pay the wage.
Wait for a current priority dateThe worker follows the monthly Visa Bulletin for EB-2 and their country of birth. In some cases the I-485 can be filed together with the I-140 if the date is already current.
Green card stageThe worker files Form I-485 in the U.S. or completes consular processing abroad, then attends biometrics, a medical exam and any interview.

Documents usually requested

Passport, birth certificate and immigration history
Diplomas and transcripts, with a credential evaluation for foreign degrees
Experience letters showing job titles, duties, dates and full-time status
Evidence of exceptional ability, if that route is used (for example licenses, memberships or recognition)
Job offer and job description from the sponsoring employer
Certified PERM labor certification (prepared by the employer)
Employer's evidence of ability to pay, such as annual reports, tax returns or audited financial statements
Medical exam report (Form I-693) at the green card stage
Marriage and birth certificates for a spouse and children

How long it takes

Timing depends on Department of Labor processing for the prevailing wage and PERM, any DOL audit, USCIS processing of the I-140 and I-485, and the Visa Bulletin for EB-2 in the worker's country of birth. For some countries the visa backlog is the longest part. See egov.uscis.gov/processing-times/ and flag.dol.gov for current estimates.

Government filing fees

The PERM application has no DOL filing fee, and employers generally must pay the costs of the labor certification themselves. Form I-140, Form I-485, related work and travel forms, and premium processing carry USCIS fees; check uscis.gov/g-1055 since amounts change.

Working and traveling while you wait

Workers usually keep working in their current status during PERM and the I-140. Once an I-485 is pending, they can generally apply for a work permit and advance parole, and leaving the U.S. without advance parole may cause the I-485 to be treated as abandoned unless an exception applies.

Common mistakes to avoid

Counting experience gained with the sponsoring employer in a way the PERM rules do not allow
A degree that is not a true equivalent of a U.S. master's or bachelor's, or experience that is not "progressive"
Experience letters missing duties, dates or hours that match the PERM requirements
Missing a recruitment step or a filing deadline, which can lead to audit or denial
Not following the Visa Bulletin and missing the window to file the I-485

How MyUSVisa helps

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Once you choose, you and your attorney work in one place: messages, documents, deadlines and automatic USCIS status updates, on the web and in the mobile app.

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Frequently asked questions

What is the difference between EB-2 with PERM and EB-2 NIW?

EB-2 with PERM needs an employer to sponsor you and complete labor certification, while the National Interest Waiver (NIW) lets a worker skip the job offer and PERM by showing their work benefits the U.S. Both are EB-2 and share the same Visa Bulletin line.

Does a bachelor's degree qualify for EB-2?

Sometimes, if the job requires a bachelor's degree plus at least five years of progressive post-degree experience, which is treated like a master's. The job itself must require this level, not just the worker having it.

What is a priority date in EB-2?

Your priority date is your place in the green card line. In a PERM-based EB-2 case it is usually the date DOL received the ETA-9089, and you can apply for the green card when that date is current for your country.

Can I switch from EB-3 to EB-2, or back?

In many cases, yes, a worker with an approved I-140 can keep that priority date when a new I-140 is filed in another category, but the new job must meet that category's requirements. An attorney can check whether a new PERM is needed.

Can I change jobs while my EB-2 is in process?

It depends on the stage. Before the I-140 is approved a new job usually means starting over, but after an I-485 has been pending long enough, some workers can move to a same or similar job under portability rules.

Official sources

Last reviewed: October 2026
These guides have been reviewed by MyUSVisa counsel. They are provided as is: immigration laws and regulations change often, and like any written communication, this information may contain errors or typos. MyUSVisa is not a law firm, does not provide legal advice and is not affiliated with USCIS or any government agency; reading a guide does not create an attorney–client relationship. Only the information on the official USCIS website (uscis.gov) applies — always verify it there, especially if in doubt.