Immigrant Visas
EB-2/PERM
Advanced Degree Professionals, Employer-Sponsored Labor Certification
Employer-sponsored green cards for professionals with advanced degrees or exceptional ability.
The EB‑2 PERM process is one of the most common employment‑based pathways for professionals and advanced‑degree holders to obtain a U.S. green card. It is designed for workers who either have an advanced degree (or a bachelor's plus five years of progressive experience) or can show exceptional ability in the sciences, arts, or business. By combining the EB‑2 immigrant visa classification with the PERM labor certification, a U.S. employer can sponsor you for permanent residence in a role that requires your level of education and skill.
PERM labor certification is filed first with the U.S. Department of Labor and confirms that there are no qualified, willing U.S. workers available for the offered position at the prevailing wage, and that hiring the foreign worker will not adversely affect U.S. workers. After PERM approval, your employer files the I‑140 immigrant petition in the EB‑2 category, and once a visa number is available, you and eligible family members can move to the green card stage through adjustment of status or consular processing. Because timing, recruitment steps, and minimum qualifications are strictly regulated, even small mistakes can delay or derail an EB‑2 PERM case.
At ByLaw, we guide both employers and employees through every step of the EB‑2 PERM process so the case follows the rules at each stage. Our team advises on prevailing wage issues, recruitment, and PERM strategy so that the case meets current agency expectations while still reflecting the real needs of the business. We then prepare the PERM, I‑140, and green card filings carefully, and explain each stage on the way to permanent residence.
Eligibility Criteria
Advanced Degree Professionals: Professionals with an advanced degree (master's or higher), or a bachelor's plus five years of progressive post‑baccalaureate experience, sponsored for a permanent full‑time position.
Exceptional Ability: Workers who can show “exceptional ability” in the sciences, arts, or business, clearly above what is normally found in their field.
Role Requirements: Employees whose offered role genuinely requires an advanced degree or exceptional ability and meets the prevailing wage set by the Department of Labor.
PERM Recruitment: Foreign workers whose employer can complete PERM recruitment showing no qualified, willing U.S. workers are available for the position.
Full Sponsorship Path: Applicants whose employer is ready to sponsor them through PERM labor certification, an EB‑2 I‑140 immigrant petition, and the final green card stage.
“In a PERM case the employer's recruitment record carries the application, so we document every step.”
How We Help
Our EB-2/PERM Services
PERM Strategy and Prevailing Wage
Advising the employer on job description scope, prevailing wage determination (PWD), and recruitment timeline to avoid PERM pitfalls before the campaign begins.
Recruitment Campaign Design and Documentation
Managing all DOL-required recruitment steps, such as newspaper ads, job board postings, internal postings, and category-specific steps, and documenting every response for the audit file.
ETA 9089 Preparation and Filing
Drafting and submitting the PERM Application for Permanent Employment Certification, ensuring all recruitment documentation is accurately reflected and timelines comply with DOL rules.
I-140 Immigrant Petition
Filing the I-140 petition with USCIS once PERM is certified, establishing the bona fide job offer and the employee's qualifications for EB-2 classification.
PERM Audit and Supervised Recruitment Defense
Responding to DOL audits or supervised recruitment orders with thorough documentation, legal arguments, and strategic resubmission where required.
Concurrent Adjustment of Status
Filing I-485 concurrently with I-140 when a visa number is available, or tracking the Visa Bulletin and filing as soon as your priority date allows.
How We Work
Our Approach
Prevailing Wage and Job Description Review
We work with the employer to nail down the correct job title, duties, and minimum requirements, then submit a Prevailing Wage Request to DOL before any recruitment begins. This step is mandatory and sets the salary floor.
Recruitment Campaign
For professional positions, the employer usually runs a 30-day job order with the state workforce agency, places two Sunday newspaper ads, and completes three more recruitment steps, following DOL timing rules and any exceptions that apply. We help plan and document the recruitment, and the employer reviews the applicants and makes the hiring decisions.
PERM Application Filing
Once the employer has completed the required recruitment and reviewed the applicants, and if the results allow filing, we prepare and file ETA Form 9089 with the Department of Labor. DOL review varies but can take about a year or longer, and more if the case is selected for an audit.
I-140 and Green Card Stage
After PERM certification, we file the I-140 immigrant petition with USCIS. When a visa number becomes available, we proceed to Adjustment of Status (I-485) in the U.S. or consular processing abroad.
EB-2/PERM FAQ
No. Standard EB‑2 PERM requires a U.S. employer to sponsor you and file the PERM and I‑140; you cannot self‑petition (self‑petitioning is only for options like EB‑2 NIW and EB‑1A).
There is no fixed timeline. The process has several stages: the prevailing wage determination, recruitment, PERM labor certification, the I-140 petition, and finally adjustment of status or consular processing once a visa number is available. The Department of Labor's review alone currently takes about a year or longer. The rest depends on government workloads, whether there is an audit or a request for evidence, and the Visa Bulletin for your country of birth. Applicants from countries with long visa backlogs can wait much longer.
There is no single success rate that applies to every case. The Department of Labor publishes PERM statistics, but the outcome of a particular application depends on the job, the employer, and how carefully the recruitment is carried out and documented. A PERM application can be denied if recruitment rules weren't followed, if a Department of Labor audit finds problems, or if the worker doesn't meet the job's minimum requirements. At the later I-140 stage, USCIS can also deny the petition if the employer can't show it has been able to pay the offered wage since the priority date.
The government does not currently charge a filing fee for PERM, but employers must pay all PERM‑related costs, including attorney fees and required advertising; later USCIS filing fees for I‑140 and green card applications can be paid by the employer, the employee, or both, depending on strategy and company policy.
You are not legally required to hire a lawyer, but EB‑2 PERM rules are technical and strictly enforced, so working with an experienced firm such as ByLaw can reduce mistakes and delays.
Let's begin
Ready to start your EB-2/PERM process?
We offer a confidential consultation to understand your situation and outline your options, in English or Türkçe.