VisaPalEB-2 Advanced Degree Green Card through PERM
Workers with an advanced degree (or bachelor's + 5 years' progressive experience) or exceptional ability, with a permanent full-time U.S. job offer.
Last verified: 2026-09-25
Requirements
- A U.S. employer offers a permanent, full-time job that requires an advanced degree.
- The employer first gets a prevailing wage determination (PWD) from DOL.
- Recruitment: a 30-day state job order, 2 Sunday ads, and 3 more steps for professional jobs.
- Mandatory recruitment must happen 30 to 180 days before the PERM is filed.
- The employer files ETA-9089 in DOL's FLAG system, then an I-140 within 180 days of certification.
- The employer shows it can pay the offered wage from the priority date until you get the green card.
How long you can stay
Permanent residence. The green card is valid for 10 years and is renewed with Form I-90.
Timeline
As of Aug 31, 2026, DOL was issuing wage determinations for PERM requests filed in May 2026. As of Sep 22, 2026, it was reviewing PERMs filed in December 2025 (average 336 days). USCIS listed EB-2 I-140s at 3 months, or 15 business days with premium. Then the I-485 or an interview abroad.
Government fees
| Fee | Amount | Who usually pays |
|---|---|---|
| DOL PERM labor certification (Form ETA-9089) DOL lists no filing fee for PERM. The employer must pay all PERM costs, including its attorney and ads; the worker may not pay them. | $0 | Employer |
| I-140 immigrant petition Online $665. Paper $715. The employer files and pays. | $715 | Employer |
| Asylum Program Fee (with I-140) $600 for most employers. $300 for small employers (25 or fewer full-time equivalent employees). $0 for nonprofits. | $600 | Employer |
| Premium processing for I-140 (I-907) Optional. USCIS acts within 15 business days. Covers the I-140 only, not the I-485. | $2,965 | Employer |
| I-485 green card application (age 14+) Online $1,390. Under 14 and filing with a parent: $950 ($900 online). Only if you apply inside the U.S. | $1,440 | Applicant |
| I-765 work permit with a pending I-485 $260 paper or online when your I-485 was filed with a fee on or after Apr 1, 2024. | $260 | Applicant |
| I-131 advance parole (travel) with a pending I-485 Online $580. Needed only if you plan to travel abroad while the I-485 is pending. | $630 | Applicant |
| Immigrant visa application fee (employment-based) Per person. Only if you finish through a U.S. embassy (for Korea residents, usually Seoul) instead of an I-485. | $345 | Applicant |
| USCIS Immigrant Fee (card production) Paid online after you receive the immigrant visa, ideally before you fly. Not charged when you adjust status in the U.S. | $235 | Applicant |
PERM costs must be paid by the employer (20 CFR 656.12). Recruitment ads are a real cost but not a government fee.
Typical attorney fees
Public flat-fee pages show about $7,000–$16,000 across PERM, I-140 and the green card step. The employer must pay the PERM part.
Spouse & children
Your spouse and unmarried children under 21 can get green cards with you. In the U.S., they can apply for a work permit while their I-485 is pending.
Work
The PERM and I-140 are tied to the sponsoring job. After your I-485 has been pending 180+ days, you may be able to move to a same or similar job.
Path to a green card
This is a green card category. After 5 years as a permanent resident, you may apply to become a U.S. citizen.
Note for Korean applicants
Korea-born applicants use the 'All Chargeability' column. EB-2 was 'Current' in the September 2026 final action chart, but this can change monthly.
Key documents
- Prevailing wage determination from DOL
- Recruitment records: job order, ads and a results report
- Certified ETA-9089 Final Determination
- Degree records and experience letters that match the PERM job requirements
- Employer tax returns, annual reports or audited financial statements
Common pitfalls
- Filing the I-140 more than 180 days after PERM certification — it expires
- Having the worker pay PERM costs, which the rules forbid
- Recruitment done outside the 30–180 day window
- Job requirements the worker didn't meet by the priority date
- Missing initial evidence — USCIS may deny without an RFE
Rules in flux
Since Aug 5, 2026, USCIS may deny a filing that lacks required initial evidence. It no longer has to send a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) first. An RFE can give less than 12 weeks to respond, and the extra 14 days for mail sent abroad ended. Any reply, even a partial one, is treated as a request for a decision.
DHS rescinded the 2022 public charge rule (final rule published Jul 20, 2026). Officers now weigh all facts, and any means-tested public benefit received on or after Sep 18, 2026 can be considered. Benefits received before that date are judged under the 2022 rule, which counted mainly cash aid and long-term institutional care. A sufficient Form I-864, when required, is still essential.
Official sources
- Employment-Based Immigration: Second Preference EB-2 — USCIS
- I-140, Immigrant Petition for Alien Workers — USCIS
- Permanent Labor Certification (PERM) — DOL
- Permanent Labor Certification — DOL
- FLAG Processing Times (PWD as of 8/31/2026; PERM as of 9/22/2026) — DOL
- 20 CFR 656.12 — Improper commerce and payment — eCFR
- 20 CFR 656.17 — Basic labor certification process — eCFR
- 20 CFR 656.30 — Validity of and invalidation of labor certifications — eCFR
- 20 CFR 656.40 — Determination of prevailing wage — eCFR
- 8 CFR 204.5 — Petitions for employment-based immigrants — eCFR
- Fee Schedule (Form G-1055), edition 09/09/26 — USCIS
- 8 CFR 106.1 — Fee requirements (small employer and nonprofit definitions) — eCFR
- 22 CFR 22.1 — Schedule of fees for consular services — eCFR
- Fees for Visa Services — U.S. Department of State
- 22 CFR 42.11 — Classification symbols (immigrant visas) — eCFR
- How Do I Request Premium Processing? — USCIS
- Check Case Processing Times — USCIS
- When to File Your Adjustment of Status Application: September 2026 — USCIS
- USCIS Policy Manual, Vol. 7, Part E, Chapter 5 — Job Portability after Adjustment Filing — USCIS
- Policy Alert PA-2026-05: Evidence, Requests for Evidence, and Notices of Intent to Deny (Aug 5, 2026) — USCIS
General information, not legal advice. Rules change often. Check the official source and talk to a licensed immigration attorney before you act.