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Employment-based green card
EB-2 Green Card
The EB-2 category is the primary green card pathway for professionals with advanced degrees and those with exceptional ability in their field. Parandian Law represents employers and self-petitioning professionals in EB-2 PERM labor certification, I-140 immigrant petitions, and National Interest Waivers — from strategy through adjustment of status.
We advise clients on the full EB-2 pathway — coordinating PERM labor certification with ongoing H-1B status, managing priority dates, and identifying whether a National Interest Waiver is a stronger option than the traditional employer-sponsored route.
Our White Plains office serves employers and EB-2 professionals throughout Westchester County, New York City, and the greater tri-state area.
PERM Labor Certification · I-140 Petition · National Interest Waiver · Priority Date · Adjustment of Status · Consular Processing · EB-2 NIW
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What is the EB-2 visa
EB-2 green card — the essentials
The EB-2 category covers two main pathways — the traditional employer-sponsored route requiring PERM labor certification and an I-140 petition, and the National Interest Waiver (NIW) which allows certain professionals to self-petition without a job offer or PERM.
EB-2 is one of the most commonly used green card categories for professionals in New York, particularly in technology, finance, healthcare, and academia. Priority dates for EB-2 vary significantly by country of birth — Indian and Chinese nationals face multi-year backlogs, while nationals of most other countries have current or near-current priority dates.
Key FACTS
Category:
Employment-based 2nd preference
Job offer required:
Yes (PERM) / No (NIW)
PERM required:
Yes (unless NIW)
Self-petition:
NIW only
Spouse work auth:
EAD during adjustment)
Processing:
8–24+ months typical
Priority date:
Varies by country
Annual cap:
40,000 + unused EB-1
What we handle
EB-2 green card services
Full-service EB-2 representation for employers and self-petitioning professionals in New York.
PERM labor certification
Preparation and filing of the ETA-9089 with the Department of Labor — including prevailing wage determination, job description drafting, recruitment supervision, and audit response.
EB-2 I-140 petition
Preparation of the I-140 immigrant petition for employer-sponsored EB-2 cases — including support letter drafting, evidence compilation, and premium processing where available.
National Interest Waiver
Self-petition I-140 preparation for professionals who can demonstrate that their work is in the national interest — without requiring a job offer or PERM labor certification.
Adjustment of status
I-485 adjustment of status filing for EB-2 beneficiaries with current priority dates — including concurrent filing strategy, EAD/AP applications, and interview preparation.
How it works
Our EB-2 process
01
Strategy consultation
We assess your qualifications, employer situation, and country of birth to determine whether traditional PERM/I-140 or a National Interest Waiver is the stronger pathway — and outline a realistic timeline.
02
PERM labor certification
For employer-sponsored cases we manage the full PERM process — prevailing wage request, job description, recruitment, and ETA-9089 filing with DOL. PERM typically takes 12–18 months from start to certification.
03
I-140 petition
Once PERM is certified we prepare and file the I-140 with USCIS. Premium processing is available for I-140 petitions and is strongly recommended to lock in the priority date quickly.
04
Adjustment of status
When your priority date becomes current we file the I-485 adjustment of status package — including EAD and Advance Parole — and prepare you for any USCIS interview.
Common questions
EB-2 green card FAQ
What is the difference between EB-2 PERM and EB-2 NIW?
The traditional EB-2 route requires your employer to complete PERM labor certification — a process that involves recruiting U.S. workers for the position and demonstrating no qualified U.S. workers are available. The National Interest Waiver allows certain professionals to bypass this requirement and self-petition, without needing a specific job offer. NIW is available to those whose work is in the national interest of the United States — a standard we help clients build a strong evidentiary case for.
How long does the EB-2 process take?
For nationals of most countries outside India and China, the EB-2 priority date is typically current or near-current — meaning the I-485 can be filed soon after I-140 approval. For Indian and Chinese nationals, backlogs of many years apply and long-term H-1B extension strategy becomes critical. The PERM process alone takes 12–18 months in most cases, and I-140 adjudication adds additional time. We advise starting the EB-2 process as early in the H-1B period as possible.
Can I file for a green card while on H-1B?
Yes — and this is the most common scenario for our clients. H-1B and EB-2 proceedings can run concurrently. Once an I-140 is approved you can extend your H-1B beyond the six-year cap in one-year or three-year increments under AC21. H-1B portability also allows you to change employers during the green card process under certain conditions.
What is an EB-2 priority date and why does it matter?
Your priority date is the date your PERM was filed with DOL — or for NIW cases, the date your I-140 was filed. This date determines your place in the queue for a green card visa number. When the Visa Bulletin shows your priority date as current you can file the I-485 adjustment of status. For most countries this happens quickly. For India and China it may take many years. Protecting and monitoring your priority date is a critical part of long-term immigration planning.
Planning your path to a green card?
Speak directly with a green card attorney. We’ll assess your options and outline a realistic timeline.
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Use our secure intake form to tell us about your matter. We review every submission personally and respond within one business day.