EB-2 Advanced Degree Professional

Evaluate: whether applicant qualifies for EB-2 (master's or bachelor's + 5 years); whether job requirements match (cannot be tailored to beneficiary); whether employer can pay Prevailing Wage. Determine SOC Code and worksite. Set PERM strategy (special skill requirements need business necessity justification).

1-2 weeks

Job requirements cannot be set so that "only" the beneficiary qualifies. If requiring specific language skills or special skills, business necessity justification is required.

Submit PWD request (ETA-9141) to DOL National Prevailing Wage Center. Provide job description, SOC Code, worksite location. DOL will determine the prevailing wage for that occupation in that area. Current PWD processing time is approximately 6-12 months.

6-12 months

Work with attorney to define minimum job requirements (education, experience, skills). Requirements must reflect genuine business needs, not tailored for the beneficiary. Confirm willingness and ability to pay at least the Prevailing Wage.

Experience gained with the sponsoring employer generally cannot be used to meet job requirements (unless special exceptions apply).

Follow attorney guidance for recruitment: place two Sunday newspaper ads, post SWA Job Order, post on company website and other channels. Genuinely review each resume received. Retain all recruitment records for 5 years (needed for PERM audit).

2-3 months

All recruitment records (ads, resumes, rejection reasons) must be retained for at least 5 years. PERM audit can happen at any time.

Confirm EB-2 educational requirement: US master's or higher, or US bachelor's + 5 years progressive related work experience, or equivalent foreign degree (requires credential evaluation).

Collect all relevant work experience verification letters (from former employers on letterhead, must include: employment dates, position title, specific job duties, full-time/part-time, signatory name and title). If using bachelor's + 5 years for EB-2, experience must be progressive.

After receiving PWD, initiate recruitment: (1) SWA Job Order (State Workforce Agency) for 30 days; (2) two Sunday newspaper ads (national or local); (3) at least 3 additional recruitment steps (EB-2 professional: employer website, professional journal, campus recruiting, headhunter, etc.). All ads must include company name, position, requirements, worksite, how to apply.

2-3 months

Newspaper ads may show salary range but floor cannot be below PWD. All recruitment must be completed within 180 days, with 30-day cooling period before PERM filing.

Draft recruitment report: document each recruitment step, timing, number of applicants received, screening rationale (legitimate rejection reasons: doesn't meet minimum requirements, salary demands too high, no work authorization, etc.). After recruitment, wait 30-day cooling period, then file ETA-9089 via DOL PERM Online system.

Processing time 6-18 months

Review and sign ETA-9089 form (PERM application). Confirm all information is accurate: company info, job description, requirements, salary. Sign declaration confirming good faith recruitment was conducted and no qualified US workers were found.

Provide ability to pay documentation (corporate tax returns, annual reports/audited financials, bank statements). If salary ≥ beneficiary current pay, provide recent W-2 and pay stubs. Provide business license, EIN confirmation.

Understand the purpose of PERM recruitment (proving no qualified US workers available). Continue working normally during recruitment, do not interfere with the process. If currently working for the sponsoring employer, ensure your job description matches the PERM application.

Never participate in or influence the PERM recruitment process. If DOL finds beneficiary interference, PERM will be denied.

Review your personal information section in ETA-9089 form (education, experience, current status). Review I-140 form. Sign after confirming all information is accurate.

I-140 must be filed within 180 days of PERM approval. Complete I-140 (select EB-2 classification). Provide educational credentials, work experience verification, employer ability to pay documentation. Priority date = PERM filing date.

If I-140 not filed within 180 days, PERM expires. If PERM is audited, processing time significantly extends (12-24 months).

Wait for EB-2 priority date to become current (China-born ~3-5 years). When current, file I-485 + I-765 + I-131 or initiate consular processing. If changing employer 180+ days after I-140 approval, can use AC21 portability.

Consider EB-2 downgrade to EB-3 (priority date may be more favorable) or NIW as alternative strategy.

Keep position available during priority date wait and I-485 adjudication. If beneficiary changes jobs after I-140 approved for 180+ days (AC21 portability), cooperate with documentation. If layoffs/closure, notify attorney immediately.

During the long priority date wait (EB-2 China-born ~3-5 years), maintain valid nonimmigrant status (e.g., H-1B). May change employers (AC21 portability after I-140 approved 180+ days), but new position must be same or similar occupation.

Consider NIW as a backup (no PERM, self-petition allowed), or EB-2 → EB-3 downgrade strategy.

When priority date is current, file I-485 + I-765 (EAD) + I-131 (AP). Complete medical exam (I-693) and biometrics. Wait for adjudication (interview may be required). Receive green card after approval.