Question 1

Why is the PERM process so long?

Accepted Answer

The PERM stage involves a Department of Labor prevailing-wage determination (which has its own queue), a structured recruitment campaign (typically requiring at least 30 days of recruitment plus a quiet period), and a labor-certification application that DOL adjudicates. Each stage has its own processing time, which has fluctuated materially over the past several years. Audits, where DOL requests additional documentation, can extend the timeline further. In the current posture, twelve to twenty-four months from the start of PERM to a labor-certification approval is common, and longer timelines are not unusual.

Question 2

Can I run EB-1A and EB-2 PERM in parallel?

Accepted Answer

Yes, and many prospective clients do. The two are independent immigration tracks. PERM-based EB-2 proceeds through the employer; EB-1A self-petition proceeds independently. Where both result in approved I-140s, the prospective client typically uses the earliest priority date for I-485. The dual-track approach hedges against EB-1A RFE risk while preserving the option of the faster EB-1A path.

Question 3

Does the EB-2 PERM process require my employer to pay?

Accepted Answer

The Department of Labor's regulations require the employer to bear most PERM-related costs, including recruitment costs, advertising, and attorney fees for the PERM stage. The employer cannot lawfully pass these costs to the employee. Some employers and employees structure additional immigration costs (USCIS filing fees, separate counsel for parallel petitions) by agreement, but the core PERM costs are by rule on the employer.

Question 4

What happens if I leave my employer during PERM?

Accepted Answer

Generally, the PERM process restarts. The PERM application is tied to a specific job at a specific employer; if the petitioner leaves before labor-certification approval, the case typically does not survive the move. After PERM approval and I-140 approval, AC21 portability allows movement to a same-or-similar position once the I-485 has been pending 180+ days (with an approved or approvable I-140), with the priority date typically retained. The pre-portability window is the high-employer-dependence period.

Question 5

I'm chargeable to India. Is EB-2 PERM realistic?

Accepted Answer

The EB-2 priority-date backlog for India-born petitioners has at times been very long. EB-2 retrogression has dominated the practical timeline for India-chargeable petitioners; a PERM approval and I-140 approval do not advance the I-485 if the priority date is not current. Many India-chargeable prospective clients pursue EB-1A or EB-1B in parallel with EB-2 PERM specifically to access the EB-1 priority-date posture, which has historically been less retrogressed.

Question 6

Can EB-2 PERM convert to EB-1A?

Accepted Answer

Not directly — they are separate categories — but the priority date from the EB-2 I-140 may be retained for use with a later EB-1A I-140 under priority-date retention rules, where the EB-2 I-140 has been approved and is not revoked for fraud or misrepresentation. Where the prospective client receives an EB-1A approval after an EB-2 I-140 is in place, the earlier priority date may be applied to the EB-1A petition. Counsel should review the specific posture.

Question 7

Does EB-2 PERM avoid the EB-1A "extraordinary ability" standard?

Accepted Answer

Yes — EB-2 PERM does not require the EB-1A standard. It requires (a) a qualifying EB-2 position (typically advanced-degree or equivalent), (b) the petitioner's qualification for that position, and (c) a labor-certification finding by DOL that no qualified U.S. worker is available. The case turns on the job and the labor market, not on the petitioner's individual acclaim. For petitioners whose record is well below the EB-1A or NIW level, EB-2 PERM is often the most realistic path to permanent residence.

Question 8

Is EB-2 PERM more reliable than EB-1A?

Accepted Answer

In a sense. The substantive standards are different and not directly comparable. PERM involves DOL adjudication of a structured recruitment process; EB-1A involves USCIS adjudication of an extraordinary-ability record. Both can be RFE'd or denied. PERM rejections more often reflect documentation or procedural issues with the recruitment campaign than substantive disagreements about the petitioner. EB-1A rejections typically reflect substantive disagreements about the record. Whether one or the other is "more reliable" depends on the specific posture of the case.

Dimension	EB-1A	EB-2 PERM
Statutory basis	INA § 203(b)(1)(A); 8 C.F.R. § 204.5(h)	INA § 203(b)(2) with labor certification under INA § 212(a)(5)(A)
Visa category	Immigrant (first preference)	Immigrant (second preference)
Employer/sponsor required	No	Yes — sponsoring employer initiates PERM and files I-140
Self-petition allowed	Yes	No
Standard / qualifying threshold	Sustained national or international acclaim; three of ten regulatory criteria, followed by a final-merits determination	The petitioner must qualify for an EB-2-eligible position (advanced degree or equivalent, or exceptional ability), and the labor-certification process must conclude that no qualified U.S. worker is available for the role
Process stages	I-140 (USCIS)	Prevailing-wage determination (DOL) → recruitment campaign → labor-certification filing (DOL) → I-140 (USCIS)
Numeric annual cap	EB-1 worldwide cap with per-country limits	EB-2 worldwide cap with per-country limits; multi-year backlog for India and China
Premium processing	Available for I-140 for an additional fee	Available for I-140 for an additional fee; not available for the PERM stages
Adjustment of status path	I-485 once priority date is current	I-485 once priority date is current
I-140 portability	AC21 (INA § 204(j)) portability available once the I-485 has been pending 180+ days, with an approved (or approvable) I-140	AC21 (INA § 204(j)) portability available once the I-485 has been pending 180+ days, with an approved (or approvable) I-140; subject to same-or-similar position requirement
Employer dependence pre-portability	None	Significant — the petitioner must remain in the sponsored position through key milestones
Cost	USCIS filing fee for I-140 plus optional premium-processing fee; consult the current USCIS fee schedule	DOL PERM process costs (employer-borne by regulation), USCIS filing fee for I-140, optional premium-processing fee for I-140; consult the current USCIS fee schedule
Typical timeline	Months from filing to I-140 decision	PERM stage often 12–24 months or longer (variable with audit and processing posture); plus I-140 timeline; plus EB-2 backlog for India/China
Family beneficiaries	Spouse and unmarried children under 21 derive E-14/E-15	Spouse and unmarried children under 21 derive E-22/E-23

EB-1A vs. EB-2 PERM

EB-1A vs. EB-2 PERM

Deciding between the two

Choose EB-1A if

Choose EB-2 PERM if

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