Skip to Main Content

How to Qualify for the EB-2 Visa with a Bachelor’s or Master’s

Below is the full process Shepelsky Law Group handles from start to finish to obtain your EB-2 green card through the PERM labor certification system with the U.S. Department of Labor (DOL).

Important note:

  • Neither waiting for the Department of Labor nor for the USCIS, nor for the visa availability gives you any type of legal status in the U.S. That means that you must have another legal nonimmigrant status to remain and wait for your visa inside the U.S.

1. Case Intake & Eligibility Review

  • We begin by reviewing your degree, experience, resume, and your employer’s information.
  • We confirm that your bachelor’s degree plus at least five years of progressive experience [or a Master’s Degree] qualify you for the EB-2 category.
  • We order your diploma evaluation.
  • We also help your employer define the job title, job duties, and minimum requirements that meet DOL and USCIS standards.

2. Prevailing Wage Determination (PWD) – from US Department of Labor

We prepare and file the Prevailing Wage Request with DOL (Form ETA-9141). This document tells the employer the minimum salary that must be paid for your job. We draft the job description, choose the appropriate SOC code, and wait for DOL’s official determination.

3. Recruitment Phase – Job Wanted Ads to Show No U.S. Applicants Can Be Found

Once the prevailing wage is issued, we begin recruitment.

Mandatory recruitment:

  • 30-day posting with the State Workforce Agency (SWA)
  • Two Sunday newspaper ads in the area of employment

Professional recruitment (choose any 3):

  • Employer’s website posting
  • LinkedIn posting
  • Job search site posting
  • Job fair
  • University job board
  • Professional journal or trade organization posting
  • Radio ad or other acceptable media

We prepare the language for all ads, coordinate dates, and ensure legal compliance.

4. Review of Applicants & Recruitment Report

All resumes go to the employer directly.

We guide the employer on legally appropriate reasons to reject candidates. Then we prepare the final Recruitment Report for employer’s signature and maintain a complete audit file.

5. File the PERM Labor Certification (ETA-9089)

We prepare and electronically file the PERM application with DOL, including all employer and employee information, job requirements, recruitment documentation, and wage details. If DOL issues an audit, supervised recruitment, or a business verification request, we handle the response.

6. PERM Decision

Once the PERM is certified, we proceed to the immigrant petition. If it is denied, we evaluate options, including appeal or reconsideration.

II. USCIS PHASE

7. File the I-140 Immigrant Petition (EB-2) with USCIS

We prepare and file your employer’s I-140 petition with USCIS. This includes:

  • Your diploma and transcripts
  • Experience letters showing 5 years of progressive work
  • Employer’s ability-to-pay evidence (tax returns, W-2s, payroll records)

We can file in premium processing for a 15-day decision.

8. WAIT FOR YOUR PRIORITY DATE (FILING DATE OF YOUR I-140 PETN) BECOMES CURRENT

  • Currently takes about 1.9 years

9. We File for Your Green Card (I-485) or Consular Process

If your priority date is current:

If you are inside the U.S.
We file:

  • I-485 adjustment of status
  • I-765 work permit
  • I-131 travel document
  • Medical exam (I-693) instructions

We manage biometrics, interview prep, and all USCIS updates.

If you are abroad
We proceed with consular processing through the National Visa Center (DS-260) and prepare you for your consular interview.

10. Final Approval & Green Card

After USCIS or the U.S. Embassy issues final approval, you receive your green card and lawful permanent resident status.

Get Expert Assistance with Your EB-2 Visa Process

If you’re holding a bachelor’s degree with at least five years of progressive experience, or a master’s degree, the EB-2 visa process could be your pathway to a green card. With the right steps, your U.S. employer can file for the EB-2 visa on your behalf, guiding you through each phase seamlessly. At Shepelsky Law Group, we are committed to making the EB-2 process as smooth and efficient as possible, ensuring all the necessary steps are followed for a successful filing. Whether you’re just starting or already well into the process, we’re here to provide expert assistance every step of the way, helping you navigate the complexities of the EB-2 visa.

Contact Shepelsky Law Group Today!

Phone: (718) 769-6352 📞
Email: info@shepelskylawgroup.com ✉️
Website: www.shepelskylawgroup.com 🌐