EB-2 PERM: US Green Card Path for Skilled Workers Explained

Global mobility helps you tap into international talent and fill critical skill gaps. The EB-2 PERM visa goes further by letting you bring top performers to the US permanently.

It provides a way to retain skilled workers without the risk of losing them or their institutional knowledge due to visa expirations. The EB-2 PERM provides a stable, long-term solution with a clear path to a green card.

But the process isn’t easy. With requirements split between the Department of Labor (DOL) and US Citizenship and Immigration Services (USCIS), it’s easy to feel stuck before you even begin.

Deel Immigration helps you secure the benefits of the EB-2 PERM visa without the stress of managing the process yourself. We handle the paperwork, applications, and compliance behind the scenes while giving you full visibility of the process.

Our in-house expertise has helped us achieve a 98%+ approval rate.

In this guide, you’ll learn how the EB-2 PERM visa works, who qualifies, and how Deel can help you relocate global employees.

See also: Best Work Visa Services for Global Teams: What To Look For

What is an EB-2 PERM visa?

The EB-2 PERM visa, sometimes called the EB-2(A), is a second-preference, employment-based immigrant visa for foreign nationals with exceptional abilities or advanced degrees. It allows holders to live and work in the United States permanently.

This visa is closely related to the EB-2 (NIW) visa, which is also known as the EB-2(B). Both offer a path to permanent residence based on the applicant’s work. However, the EB-2(B) is reserved for individuals whose contributions are considered to be in the national interest. NIW applicants can self-petition without an employer sponsor.

The EB-2 PERM, by contrast, is employer-sponsored. A US employer must sponsor the foreign national to initiate the visa application process.

As the sponsoring US employer, you must obtain an approved permanent labor certification (PERM) from the Department of Labour. This certification confirms that no qualified US workers are available for the role and that hiring the foreign national won't negatively affect the US labor market.

You can check if your employee qualifies for a EB-2 PERM visa using Deel’s free Visa Eligibility Checker. The tool provides results in 48 hours, including expected costs and timelines. It allows you to plan for the relocation better. And if the employee does not meet the requirements, our immigration experts can guide you on the next best alternatives.

See also: How Large Organizations Scale Global Talent Deployment

What are the benefits of the EB-2 visa?

As a second preference employment-based visa, the EB-2 PERM benefits employers and employees in the following ways.

For employees

The EB-2 PERM visa is one of the fastest routes to a green card. It allows the employee to relocate permanently to the US with their family members (spouses and unmarried children under 21).

Once approved, their spouse qualifies for E-21 status, and their unmarried children under 21 for E-22 status.

This means their children can attend school in the US, and their spouse can apply for employment authorization to work. Permanent resident status also brings easier travel, more stability, and greater access to long-term opportunities, especially in education and employment.

An EB-2 green card also puts the beneficiary on the track to potential citizenship.

For employers

As a US employer, the EB-2 PERM visa lets you hire foreign talent with exceptional abilities. This allows you to recruit only the best workers to your team.

Because it offers beneficiaries a path to a green card, the EB-2 can incentivize these already-exceptional employees to perform even better and cultivate loyalty.

The long-term validity of the EB-2 visa also eliminates the need to keep track of and renew employee visas regularly, saving your company time.

See also: 8 Ways HR Technology Helps To Unlock Global Mobility Success

Who qualifies for the EB-2 PERM visa?

To qualify for an EB-2 PERM visa, a beneficiary must be sponsored by a US employer with an approved PERM certification. They must also have a valid job offer based on one of the following:

• An advanced degree, or
• Exceptional ability

What are the requirements for qualifying under an advanced degree?

The job offer must require an advanced US degree or its foreign equivalent in the beneficiary’s field.

Per the USCIS, an advanced degree is any degree above a Master’s. A baccalaureate plus at least five years of progressive post-baccalaureate experience in the relevant field is considered equivalent to a Master’s degree.

The following documents can prove this qualification:

• An official academic record showing possession of an advanced degree or a foreign equivalent
• An official academic record showing possession of a Bachelor’s degree plus letters of recommendation from past and current employers demonstrating five years of progressive experience

The beneficiary must also meet all the requirements for the position specified in the labor certification.

What are the requirements for qualifying under exceptional abilities?

A beneficiary may also qualify for an EB-2 PERM visa if they have “a degree of expertise significantly” beyond what is common in the sciences, arts, or business. To demonstrate this, they must provide evidence that shows they meet at least three of the following criteria:

• Have a certificate, diploma, degree, or similar award in their field of expertise from a learning institution
• Be a member of a professional association
• Be licensed or certified to practice their occupation or profession
• Show evidence that they have received remuneration that points to their exceptional ability
• Have received recognition for their significant achievements and contributions to their field from a professional organization, peers, or a government entity
• Have at least 10 years of ongoing experience in their field

They must also meet the applicable requirements in the labor certification.

Sorting through eligibility and documentation can be time-consuming, especially when roles and qualifications don’t fit neatly into one category.

That’s why, once you’ve identified a qualified candidate, Deel assigns you a dedicated case manager to guide the next step. They’ll help assess whether the advanced degree or exceptional ability route is the best fit based on the candidate’s background and your job requirements.

We help you gather all the required documentation necessary to make a strong case for the EB-2 PERM visa application.

See also: 8 Steps to Handle Employee Relocation Requests for Enterprises

How do you apply for the EB-2 PERM visa?

The EB-2 PERM visa application process involves four main steps:

1. Secure PERM certification

Before filing a petition with the USCIS, you must submit an application for PERM labor certification to the Department of Labour. You do this by submitting Form ETA 9089.

The DOL may only approve your application if you have:

• Sent the beneficiary a permanent full-time job offer
• Included a wage offer equal to or greater than the prevailing wage determination for the role
• Confirmed that there are no qualified American workers for the job

To meet the third requirement, you must:

• Submit a job order to the State Workforce Agency (SWA) for at least 30 days
• Advertise the job offer in a widely circulated newspaper on 2 consecutive Sundays
• In case of professional positions, make at least three additional recruitment efforts
• Post an internal job notice at the worksite for 10 business days

2. File Form I-140 (Immigrant Petition for Alien Worker)

Within 180 days of obtaining a labor certification, you can file Form I-140 with the USCIS. You must accompany this form with evidence showing that:

• You have obtained an approved labor certification
• You can pay the promised wage
• The beneficiary has an exceptional ability or an advanced degree

You must also pay the filing fee, which amounts to $715. An additional Asylum Program fee of $600 applies if you have more than 25 employees, or $300 if your employees are 25 or fewer.

If you opt for premium processing, you must file I-907 at a fee of $2,805.

Read the USCIS instructions for more guidance.

3. Apply for the beneficiary’s green card

After you submit the petition, USCIS sends a receipt notice to confirm that they’ve received it. If approved, the beneficiary must either undergo consular processing in their home country or submit an adjustment of status application (form I-485) if they’re already in the US.

Both options lead to the issuance of a green card, granting the beneficiary permanent residence in the US.

See also: Adjustment of Status Vs Consular Processing: Which to Choose?

4. Ensure the beneficiary attends the required interviews

The foreign worker may get a request to attend a biometrics appointment or an interview.

Once the beneficiary receives this request, they should appear at the embassy or consulate responsible for EB2 visa processing in their country. The interview notice will contain all the information needed, including the date and location of the meeting.

If the application is approved, the beneficiary will receive their green card at their US address.

Support from experienced immigration attorneys helps you avoid costly errors that can delay the process. Deel’s in-house immigration experts and lawyers manage the entire workflow, making it largely hands-off for you.

While our team handles filings, timelines, and legal requirements, you maintain full visibility through your Deel dashboard. You can track upcoming steps, view a clear process overview, monitor status updates, and access personalized notes from your dedicated case manager.

Employees can upload documents directly through the platform, and both you and the beneficiary receive timely reminders for interviews and other key milestones.

Discover how Talent QL uses Deel to relocate talent to its US headquarters, allowing the HR and leadership teams to focus on more strategic tasks.

See also: The EB-1 vs EB-2 Explained

How long must you wait for an EB-2 PERM visa?

The full EB-2 PERM process takes up to 24 months, though timelines vary depending on country of origin, audit risk, and processing speed.

It typically moves faster than third and fourth-preference employment-based visas. This is because fewer applicants meet the eligibility criteria.

However, the US imposes a per-country cap across all employment-based green card categories, including EB-2. No more than 7% of the total annual employment-based green cards can go to nationals from any single country. This means you may experience slower processing times in a populated region like India or China.

Here’s a breakdown:

• PERM certification: Around 500 days on average. This stage can take longer if your case is audited
• I-140 petition: An average of seven to eight months, according to the latest data from USCIS. But you can speed it up to 15 days with premium processing
• Green card stage: Timing depends on whether you use adjustment of status or consular processing. You can track progress using the visa bulletin, which shows green card availability based on your priority date (your PERM filing date)

See also: Boost Employee Retention with Strategic Global Mobility Programs

Can you improve your EB-2 PERM approval rate?

Yes. While some PERM audits are random, many are triggered by avoidable errors or missing details. These audits can delay approval by up to a year.

As an employer, you can improve your chances of getting approved by meeting all the criteria and filling out all the sections of Form ETA 9089.

Working with immigration experts, such as Deel, can help you lower your chances of getting audited and prepare your application correctly.

Deel has a 98%+ approval rate. We combine expert legal guidance with automated checks to reduce errors, flag potential risks early, and ensure every application meets DOL and USCIS standards.

Discover how Nomic uses Deel for its relocation programs, saving both time and money.

See also: Guide to US Work Visas

Are there compliance concerns associated with the EB-2 PERM visa?

Yes. As an employer planning to sponsor a worker under the EB-2 PERM visa, you must post a job offer meeting the category’s requirements. The position must require an advanced degree or exceptional ability.

If the job does not typically require these requirements, and you claim it does, you could lose your labor certification. You also risk losing your certification if you post the job before confirming that no qualified and available US workers are willing to take it.

See also: A guide to EOR-sponsored visas

Do EB-2 visa employers get audited?

Yes. The Department of Labor could audit your business up to 5 years after you receive a PERM labor certification. The purpose of the audit is to ensure you’re complying with the terms of the certification, including paying the employee the required prevailing wage and maintaining proper records.

To avoid losing your labor certification during an audit, it's important to keep all PERM-related documentation well-organized and easily accessible.

Deel helps you stay audit-ready by centralizing all visa-related documents on one secure platform. You don’t have to chase paperwork across inboxes or manually upload files to Google Drive or other tools.

It is also important to stay current on all compliance changes in your industry. As a Deel user, you get access to our Compliance Hub. It supports ongoing compliance by sending real-time alerts on immigration law updates that impact your workforce.

See also: Guide to Employment-Based Green Cards

Fast-track your EB-2 visa application with Deel Immigration

The EB-2 PERM visa is an excellent opportunity to bring high-quality global talent to your team.

Deel Immigration provides end-to-end visa and immigration support. It combines one-on-one guidance from multilingual in-house attorneys with technology that simplifies the entire process.

With Deel, expect:

• A centralized dashboard to track all employee visas—issued, in progress, or upcoming
• Real-time alerts for compliance requirements and deadlines
• One-on-one support from a dedicated case manager
• Access to experienced immigration attorneys
• Centralized document management for all mobility programs
• Support with work permits and visa renewals across multiple visa categories

We also help you develop compliant immigration policies and offer EOR visa sponsorships to support your global hiring goals.

Book a demo to see how Deel can fast-track your EB-2 PERM visa applications.