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EB-2 Green Card and Priority Dates

EB-2 priority dates in the monthly Visa Bulletin, retrogression and India backlogs, life after I-140 approval, and rule changes affecting EB-2 cases.

8 articles tagged EB-2

Articles tagged “EB-2”

How the EB-2 green card works

EB-2 is the second employment-based preference category for US green cards, defined in section 203(b)(2) of the Immigration and Nationality Act. It covers professionals with an advanced degree or a bachelor's degree plus five years of progressive experience, and people of exceptional ability in the sciences, arts or business.

In the standard route, the employer first obtains PERM labor certification from the Department of Labor and then files Form I-140 with USCIS. The National Interest Waiver (NIW) removes the job offer and labor certification requirements, letting applicants self-petition if they meet the three-part test from Matter of Dhanasar.

The priority date, usually the PERM filing date or the I-140 filing date in NIW cases, sets a person's place in line, and the State Department's monthly Visa Bulletin shows which dates can proceed. Because annual limits apply per country, applicants born in India and China wait far longer than those from the rest of the world. Once the date is current, the final step is Form I-485 adjustment of status inside the US or an immigrant visa interview at a consulate, and some applicants downgrade to EB-3 with a new I-140 when that category moves faster.