What is an EB-2 PERM visa

The EB-2 PERM visa grants applicants with advanced degrees or exceptional abilities permanent residence in the US. Learn about its eligibility criteria and how to apply.

The EB-2 PERM visa is a second-preference, employment-based immigrant visa available to foreign nationals with exceptional abilities or advanced degrees. EB-2 PERM visa holders can live and work in the United States permanently.

Sometimes called the EB-2(A) visa, the EB-2 PERM is closely related to the EB-2(B) visa. But while both visas grant applicants permanent residence status in the country based on their work, the EB-2(B) is reserved for applicants who could substantially benefit the nation. These applicants must apply for a national interest waiver (NIW).

The EB-2 PERM is an employer-sponsored visa. A US employer must sponsor a beneficiary, typically a foreign national, to initiate the application process.

See also: How Deel is reinventing the immigration journey

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. With an EB-2 green card, you and your family (spouse and children under 21) can live in the country permanently. This permanent resident status comes with easier travel, a stable immigration status, and education opportunities.

An EB-2 green card also puts you on the track to potential citizenship. It qualifies your unmarried children under 21 for E-22 status and your spouse for E-21. Under these visas, your children can attend school in the US. Your spouse can seek employment authorization to work in the country.

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 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. It can also cultivate employee 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 precious time.

Don’t have time to keep track of and renew your employee visas? Deel’s in-app tracker monitors all active employee visas for your company and keeps you updated on any upcoming renewal deadlines, compliance changes, and more.

Who qualifies for the EB-2 PERM visa?

To qualify for an EB-2 PERM visa, you must be sponsored by a US employer with PERM certification. You must also have a valid job offer from the employer based on your:

Advanced degree

The job for which you are coming to the US must require that you have a US baccalaureate or its foreign equivalent in your field. Per the USCIS, you must also have at least 5 years of post-baccalaureate experience in this field. You can prove this through the following documents:

• An official academic record showing you have an advanced degree or
• A foreign equivalent degree
• Letters of recommendation from past and current employers demonstrating your experience

Exceptional abilities

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

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

Need help gathering evidence? Deel’s immigration platform partners you with a case officer who'll help you gather and upload all the documents you need for your EB-2 visa application.

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

The EB-2 visa application process involves three main steps:

Securing PERM Certification

Before filing a petition with the USCIS, a US employer must submit an application for PERM labor certification to the DOL. You do this by submitting Form ETA 9089.

The DOL may only approve your application if you have:

• Sent the beneficiary a valid job offer
• Included a wage offer equal to or greater than the prevailing wage in the given occupation
• 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. You must also advertise the job offer in a widely circulated newspaper on 2 consecutive Sundays and at least three other channels.

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

You must also pay the filing fee at this stage. Read the USCIS instructions for more guidance.

Attending interviews

When the USCIS receives your petition, they will issue a receipt notice. The foreign worker may then be requested to appear for an interview or biometrics appointment.

If you (the beneficiary) receive this request, appear at the embassy or consulate responsible for EB2 visa processing in your country. The interview notice will contain all the information you need, including the date and location of your meeting.

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

The EB-2 PERM visa category takes less time to process than third- and fourth-preference employment-based visas. This is because fewer applicants meet the eligibility criteria.

However, the USCIS allows no more than 7% of these visas to go to one country. This means you may experience slower processing times in a populated region like India or China. That said, the time it takes to get your EB-2 PERM visa varies from case to case. The PERM certification stage lasts 180 days, but it could take up to a year if the employer is audited.

The petition stage typically lasts 6 months but can be sped up to 15 days with premium processing.

Beyond this stage, how soon your petition is returned depends on your consulate’s processes.

Backlogs or delays at the local consulate or embassy? Deel Immigration offers consular support to help you get faster appointments and visa stamping.

Can you improve your EB-2 PERM approval rate?

Audits, which can be random or targeted, can delay your PERM 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.

You should also work with immigration lawyers and experts who can help you lower your chances of getting audited and prepare your application correctly.

Discover how Deel helped Quantium sponsor migrant visas and retain employees based in the Netherlands in less than 3 weeks.

“With Deel, we have an easy remote work solution powered by a user-friendly platform and a seamless process. This has been helpful in ensuring we didn’t lose key staff and the deep corporate knowledge and skills that are hugely beneficial to our business.” —Lysette Randall, Executive, HR Performance & Partnering at Quantium

Watch our on-demand webinar: US work visas Learn how to secure US work visas efficiently so you can get your team operational in the US in a fraction of the time. Watch now.

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 and at least 5 years of post-baccalaureate experience.

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 offer without first confirming that no qualified workers in the US are available and willing to take the job.

See also: A guide to EOR-sponsored visas

Do EB-2 visa employers get audited?

Yes. The DOL could audit your business up to 3 years after you receive PERM labor certification. The purpose of this audit is to ensure that the employee’s EB-2 PERM visa is still valid and there has been no breach. It is also to ascertain that you are paying the employee the prevailing wage.

To avoid losing your labor certification to an audit, keep and update your PERM certification documents. Also, stay current on all compliance changes in your industry. Achieve continuous compliance with Deel's compliance hub. Our compliance experts keep track of visa renewal dates, regulatory changes, and payroll to keep you constantly compliant.

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

The EB-2 PERM visa is an excellent opportunity to import much-needed quality talent to your team. As a beneficiary, it is also one of the best routes to US citizenship.

Whatever stage of the application process you are in, Deel Immigration can help. Our immigration experts handle visa sponsorships, applications, consulate processing, and renewals. Our all-in-one platform keeps you updated throughout the application process, handling everything so you do not have to.

Contact the Deel immigration team today and fast-track your EB-2 PERM visa application.

Schedule your appointment.