EB2 Green Card Priority Date

EB2 Green Card Priority Date

Benefits of the EB2 Green Card

 

An EB2 Green Card is a popular way to obtain Permanent Resident Status in the United States. Professionals with an advanced degree, such as a master’s degree or higher, as well as professionals who can demonstrate exceptional ability, may qualify for an EB2 Green Card in the United States.  It does not require any investment and successful applicants are eligible to travel freely in and out of the United States. Spouses and dependent children of EB2 Green Card holders are eligible to immigrate to the United States and adjust status to a permanent resident if they wish. 

 

The EB2 Green Card in 3 Steps

 

Step #1: PERM Labor Certification (6 to 10 months processing time)

 

The first step in the EB2 Green Card process is the PERM (Program Electronic Management Review) Labor Certification. This process is completed by the U.S. employer with the Department of Labor (DOL). The filing of the application is the responsibility of the employer, not the employee. However, the employee can benefit from understanding the necessary documents and requirements for PERM. In general, the DOL uses the PERM process to ensure that the admission of foreign workers, who will be employed in the U.S. in the future, will not adversely affect the job opportunities, wages, and vacancies available to U.S. citizens and U.S. nationals.

 

The process of filing a successful PERM application requires a job opening in a specified professional field. After receiving a prevailing wage determination and going through the recruitment process, employers may then complete the PERM form and submit the application. One thing to note is that the PERM/Labor Certification application must be submitted within 180 days of any recruiting effort. This means that if you begin the recruitment process prior to receiving the prevailing wage determination, the recruitment effort may expire before you receive the prevailing wage determination. Once a Permanent Labor Certification application has been approved by the DOL, the employer will need to then seek the immigration authorization from USCIS (UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES).

 

Step #2: Petition for Alien Worker and/or Consular Processing for the Applicant (6 to 9 months standard processing time / 15 days for premium processing time)

 

To qualify for an EB2 Green Card, applicants, along with the employer, must file a Form I-140 Immigrant Petition for Alien Workers. As part of the application process, employers must be able to demonstrate a continuing ability to pay the offered wages to the immigrant as per the requirements from the Department of Labor and USCIS. The Applicant is required to submit relevant experience letters and educational documents as evidence that he/she is qualified to perform all of the duties for the offered position. Employers may use annual reports, federal income tax returns, and audited financial statements to demonstrate a continuing ability to pay the applicant’s annual wages.

 

If six months is too long to wait for the approval of the Form I-140, applicants may want to consider opting for the premium processing service. Premium processing requires additional fees in return for shortening the Form I-140 petition processing time from six or more  months to fifteen calendar days. 

 

Step #3: Consular Processing and/or Adjustment of Status

 

This is the last step in applying for permanent resident status in the United States for many immigrant professionals and it occurs once the FormI-140 is approved. If the applicant is not present in the USA, he/she can opt for consular processing. If the applicant is already lawfully present in the United States, they can file an application for permanent residency through the Adjustment of Status process. This means that applicants do not need to return to their home country to obtain an immigrant visa, and they remain in the US while the green card application is pending.

 

Consular processing: in this process, an EB2 Immigrant Visa is obtained after a successful interview with the consular officer at the U.S. Embassy or Consulate outside of the US. It is based on meeting the required criteria and submitting the necessary documents that were used to apply for the Form I-140. The employer must show that it is offering a permanent position to the applicant. Once his/her EB2 Immigrant Visa is granted and stamped in the passport, the applicant travels to the USA on the visa and then receives his/her Permanent Resident Card shortly after arriving.

 

Adjustment of status: For this process, once a visa number is available, or, in other words, once the priority date is current for the applicant, and the applicant is lawfully present in the United States, he/she is eligible to apply for Adjustment of Status and receive their green card. In another scenario, if the applicant's priority date is current when filing the Form I-140, he/she may be eligible to concurrently file the Adjustment of Status Application (Form I-485) along with the Petition for Alien Workers (Form I-140). This can speed up the overall processing time considerably. To check if you are eligible for concurrent filing, you should consult with an experienced immigration attorney. 

  

Priority Dates and Wait Times

 

When the applicant submits his/her Petition for Alien Workers (Form I-140), he/she will obtain a priority date. An applicant’s priority date is generated the same day USCIS receives the Form I-140 Petition. The priority date is the applicant's position in line to obtain a visa once one is available in that category. For some countries, there is no wait time and a visa is immediately available to them. These applicants are then either scheduled for an Immigrant Visa interview immediately, or they are immediately eligible to adjust their status in the USA and receive the green card. 

 

For other countries, particularly for those applicants who are born in China and India, these wait times can be much longer. Applicants can look at the Department of State’s website for the most recent Visa Bulletin and find more information about wait times. EB2 I-140 processing takes up to a year or a little longer to finish, but it can take several years in certain cases for the green card process (Form I-485 or consular processing) to start. There are also chances of priority date retrogression as well, which would slow the process even more. 

 

Conclusion

 

While the EB2 Green Card process can be complex and involves complying with a number of requirements (such as PERM/Labor Certification and degree/experience), the approval process itself may be faster than other related PERM/Labor-based visa categories. The EB2 Green Card, for those who qualify, can offer a much quicker path to permanent residency. 

 

Ashoori Law is an immigration law firm that helps families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.  If you have any questions about the EB2 Green Card, or any other immigration related question, we welcome you to schedule a free consultation by clicking this link.

Share this post...

4.9
Based on 682 reviews
Muneer B.
1716507079
I reached out to Michael Ashoori Law in March of 2024 regarding my green card renewal, within one day he replied to me and assigned me an expert to help me. Within one week I had 2 scheduled phone... calls to better understand exactly what kind of support that I need. I was assigned an expert to fill my forms and helped me file my green card renewal.What I really liked about this, that the expert explained in details about the process, how much time it might take, helped me fill the forms, most importantly answered all my questions with high concern and professionalism. Today, I recieved my physical card in the mail. Thank you Michael, Katie, Julio, and Rachel, you were great! I will definitely refer you to my colleagues and friends.Wishing Micheal Ashoori Law and his team much success.Thank you so much 🙏Muneerread more
Nicole G.
1715804669
We used Ashoori law for our E2 visa process! Once we recieved our free consultation we proceeded to go with Ashoori law as they have a 98% success rate and seemed extremely knowledgeable.Ashoori law... then set us up with our attorney (Cristina Casabianca) she was absolutely amazing at communicating with us and letting us know exactly what we needed.Every step along the way was straight forward and seamless.We are happy to say that our E2 was approved!!Thank you Ashoori law for all the help.read more
S n
1715504618
Hi there I have a question i am living in anchorage alaska usa and I am td visa can i change my td visa to work visa like tn or not my husband had tn work visa but I have td visa we are canadian... citizen so is there any possibility to change my status to td to tn or other work visa because here we one lawyer and they don't have a knowledge about td visa ,if you suggest me or is there any way can I change td to tn or other work visa .please let me know. So me and my husband consult with you on phone .Thanksread more
Faraz H.
1715378854
Thank God I found Ashoori Law as they made this difficult journey so much easier. The whole team from Michael, Matthew, Clare, Camille, and Jeser were all so kind and patient. One of the best... customer service I’ve ever came across. They were all so helpful and understanding. They all cared about my situation and helped us so much!Their service is phenomenal. They made this complicated, stressful, and overwhelming immigration paperwork so simple. All we had to do was give them our information and they took it from there. They did everything for us!Again, I cannot stress enough how caring and helpful the whole team is. Every week they would send inquiries to the embassy for us. They responded to my emails as soon as possible. They did so much for us.I will definitely worked with Ashoori Law again in the future. I hope many more people that are in my situation find Ashoori Law as well.read more
Allen G.
1715275820
They were informative and very professional. Got the case done smoothly and on time. I would highly recommend Ashoori Law Firm.
What to E.
1714896075
Very professional firm with attentive and honest staff. Response time was great I truly recommend!
Joao C.
1714675983
I has been a client of Ashoori Law since 2019, when I needed to replace mine and my family's Green Cards as well as getting reentry renewal permits. Ashoori Law's team as whole has always provided... outstanding services, with immediate reponsiveness all times I contacted them, as well as with thorough competency and tust. Now I need a new service regarding Green Card, and I am lucky not to have to contact other firms. If you need any advice and services on immigration needs, your seek is over: just go with Ashoori!read more
vimal P.
1714413134
It’s been pleasure working with you guys , you guys guide me and helped me a lot through out my E2 visa application.
David O.
1713895963
Ashoori Law Firm handled my application with excellent know-how, professionalism and attention to detail. They took their time to compile all important details, full understanding on how to proceed... and filed a complete application. The outcome was approval on first attempt. Ashoori Law is highly recommended.read more
Andrisan O.
1713820398
Very efficient and well organised. Will use again.
Rajesh B.
1713274003
I applied my citizenship through them and they are so professional and thorough in the process. The Lawyer they assigned is great. She did all the work within couple of days and filing was done... within a week. I got my citizenship in less than 3 months without any issues. Thanks a lot for all your help. And don’t forget, the price is very reasonable compared to other in this case.read more
Hazem A.
1712156579
"I feel incredibly fortunate to have come across Ashoori Law, even though they are based on the opposite coast from me. When the COVID-19 pandemic hit and everything shut down, I needed to renew my... work visa, but I wasn't sure how to proceed. That's where Ashoori Law came in - they helped me and my company decide to switch to a permanent resident visa through work. Throughout the process, Michael was always available to answer questions and provide guidance. My designated lawyer, Lorianne, was also amazing - she did everything right and made me feel like part of the family. I never hesitated to reach out to them for help, and they always found the best solution. Michael even made recommendations during the early stages of the process. Currently, we're in the process of submitting form I-140, and as usual, they're handling everything very professionally. I can't thank them enough, and I would highly recommend Ashoori Law to anyone who needs immigration support."read more
Taiwo feranmi O.
1712100446
Ashoori Law you’re exceptional, professional and knowledgeable in what you do. You answered all our questions promptly and handled all our immigration filings accurately and timely. We will surely... recommend your service to anyone with no doubt in our minds that you will do excellent work.From all our family, we say “Thank you”Taiwo OYEDELEDolapo AdekoyaRound RockTexas USAread more
Roberto P.
1712078328
I contacted Ashoori Law to get help with the GC re-entry permit for me and my wife. The whole procedure was pretty smooth. They are very responsive, well organized and know what they are doing.... Highly recommended. Roberto and Lauraread more
Hasnain B.
1711786811
had a lovely experience with Ashoori law. They have a team of competent lawyers who guide you through every stage of your process. I highly recommend Ashoori law to people who are looking a smooth... process and a trust worthy law firm to handle their case.read more
Harim J.
1711677294
This is my second time to work with Ashoori Law for my re-entry permit. I definitely recommend them as they promptly answered my emails and processed my application. I also liked that they have their... own portal system, where I could automatically track my todo list, as well as the status of my case.read more
Muhammad Qasim B.
1711610615
Applied for E2 Visa and Approved from my Home Country Pakistan. A Very Professional Services, Very Good Team. I highly reccomend Ashoori Laws. We wish them best of luck for their business and their... team.read more
MUHAMMAD H.
1711309901
Excellent case description and answering questions in a friendly and supportive manner. Excellent meeting and communication skills. Really appreciated Mr. Antonio Castro for support and his skills... for client handling.read more
Mike R.
1711026317
Ashoori has been very helpful in our application for my fiancée's K-1 Visa. They were great and informative in putting out application package together and have been on top of the deadlines/process... every step of the way. Would recommend Ashoori for your immigration legal needs and services.read more
Olti G.
1710527756
Thank you Mr. Ashoori. This was case was not an easy one but we achieved our goal. The best!
Kalyan C.
1710499711
We have used the services of Ashoori law firm to file re-entry permits for myself and my wife and we are very happy with their service from the get go. The team is detail oriented and they have filed... our paperwork correctly. Their fees are reasonable and they responded to our queries in a timely manner which gives you peace of mind. Definitely recommend them for any immigration related servicesread more
Victoria Y.
1709793708
Michael and his firm helped me through a re-entry permit process and they are wonderful people!!They called me for the first time to understand what’s needed and they consulted me on the first phone... call with no charge of money.This process took a little bit more than a year and I had a lot of questions all along and they answered really fast even if it’s in an email!And of course I will contact them in the future in case I will need an immigration stuff (such as reentry permit)!Thank you for everything.read more
ratneswar R.
1709775616
Very professional law firm..they take care of every problems for the clients..They are very responsive to the questions asked by the clients.
Carm B.
1709756067
Michael and his team are amazing I would highly recommend them to anyone looking for immigration lawyers. A++++++++++ Service.
Vivek B.
1709394791
I had excellent experience getting reply to my queries in very simple manner. It was great help to get the answers as part of free consultation without committing for further process until I got... satisfaction that I know what I am getting into. I highly recommend this firm for any one who are looking to get their open question resolved and work with highly professional team. In particular Ehsan from team has been extremely professional and patient giving all details and answering all my questions.read more
Mekayla B.
1709157872
THE BEST!!It’s scary and intimidating to start the immigration process. But everyone at Ashoori Law has been a great help.They made the process so much smoother by always responding to all our... messages attentively and giving us peace of mind. If you’ve been struggling to find the right lawyer for your case, take this as your sign!read more
Alok G
1709103231
I have user their services multiple times over the years. They are very responsive and helpful. They provide good answers to even subjective questions and correspondingly make good recommendations.... I am expecting and hoping they continue just like that.read more
Hussein A.
1708115020
After long time of search , fortunately I reached to Ashoori Law .Mr Ehsan is patient and very professional, he gave me direct and clear answers for many questions regarding EB-5 visa. I am very... grateful to Ashoori Law team .read more
Miraal N.
1708008833
Thank you Michael & team! The process for a TN visa was efficient, comprehensive and seamless. Highly recommend.
Farheen N.
1707937795
I got really good experience with Ashoori Law. They are reliable, thrust worthy, professional & sincere with their clients.
mehreen “Maha” A.
1707437229
Great experience highly recommended. They all are very helpfull on each and every step. I really trust them . Thanks Ashoori law
Saket C.
1707240192
We are very pleased with the service and guidance provided by Michael and his team for re-entry permit applications for myself and family members. Ours was a bit tricky as we were planning to come... especially for this task. Michael's guidance on the timelines really helped us plan the trip and get the fingerprinting done.Michael and team were very responsive and thorough over email on all the queries that I asked throughout the process.I would highly recommend them.read more
Yala K.
1707179680
I had a chance to work with Ashoori law in the context of my succesful E2 application. Both Andres Soto and Cristina Casabianca were super knowledgable, responsive, and a pleasure to work with. I... truly enjoy the experience and I am very thankful for their help & support! I highly recommend them.read more
Swordsmith F.
1706652926
The team that was working on my case was amazing. I felt I could ask simple questions that I had in the process. Very personable people and at the same time professional. We had success in our visa... application!read more
Mahsa K.
1706540477
We applied for EB1 Visa through Ashoori Law and we're very happy with both the result (as the case got accepted) and with the team throughout the process. They know what they're doing and there's no... need to keep running after them to get things done.Mr. Ashoori was also included in all the communications and emails, and even though he most probably does not have the time to read everything, but his presence and knowing that he is reachable and accessible was very heartwarming.Overall we were happy with everything throughout the process and we decided to continue with the firm for the final phase of our case which is related to providing documents to the embassy and preparing for the interview.read more
French Pilot U.
1706471611
Thank you for your help guys. We got the green card in 15 months with no interview. You were always answering any questions we had, we definitely appreciated that.Savannah and Axel.
Nasrin N.
1706462994
I have a great experience with Michael. He helped to get a re-entry permit for my mother. During the process Michael was extremely attentive and offered considerable amount of his time to help us. He... is absolutely professional and knowledgeable. My mother received her re-entry permit in less than 2 months in a situation that was not promising. The fee was reasonable and I strongly recommend Ashoori Law.read more
Tara M.
1706050683
Working with Koby in the early stages of the process has been a surprising delight. It's a complicated and overwhelming process and I had a ton of questions. Koby was warm and personable, clear and... knowledgeable, responsive and professional. His obvious competence and resources combined with his ability to explain the process and my options gave me confidence in the entire firm.read more
Henok A.
1705721365
I started working with them when I petition for my son. Starting from the first day I found it very easy to get through anyone you wanna talk to as well as follow-ups when you have any questions.... They do what needs to be done on time and if you have any questions, they are happy to answer your phone or email any day of the week. We are at the finish line as I’m writing this review and I have nothing but many thanks to all who help me through this process. You guys are the best knowledgeable and efficient immigration lawyers I could ever ask for.read more
Next Reviews
js_loader
Michael Ashoori Headshot

Michael Ashoori, Esq.

President of Ashoori Law

I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.

Since starting my law firm, I’ve helped thousands of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.

Got a question? Send me an email.