How Long Does It Take to Get an EB2 Green Card?
Getting an EB2 green card is a dream for many professionals seeking to live and work permanently in the United States. The EB2 green card process involves several stages, each with its own timeline and requirements. This comprehensive guide will explain how long it takes to get an EB2 green card, breaking down each step and providing insights into the factors that can affect the overall processing time.
Understanding the EB2 Green Card
The EB2 green card falls under the Employment-Based Second Preference category. It is designed for individuals with advanced degrees or exceptional abilities in their field. The EB2 category includes two subcategories:
- EB2 (A): Advanced Degree
- EB2 (B): Exceptional Ability
Additionally, the EB2 National Interest Waiver (NIW) allows applicants to self-petition if they can demonstrate that their work is in the national interest of the United States.
How Long Does It Take to Get an EB2 Green Card: An Overview
The timeline for obtaining an EB2 green card varies based on several factors, including your country of origin and the specific circumstances of your case. Generally, the process can take anywhere from 1 to 3 years or more. Let’s break down the main stages and typical timeframes for each.
Stage 1: Labor Certification (PERM)
How Long Does It Take to Get EB2 Green Card Labor Certification?
The first step for most EB2 applicants is obtaining a labor certification (PERM) from the Department of Labor (DOL). This process requires the employer to prove that no qualified U.S. workers are available for the position and that hiring a foreign worker will not negatively impact the wages and working conditions of U.S. workers.
- Timeframe: 6 to 12 months
- Factors Affecting Timeframe: The complexity of the job requirements, the job market, and the DOL’s processing times can all impact how long this stage takes.
Stage 2: Form I-140 Petition
How Long Does It Take to Get EB2 Green Card Form I-140?
After obtaining the labor certification, the employer must file Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). This form establishes that the foreign worker meets the qualifications for the EB2 category.
- Timeframe: 6 to 9 months
- Premium Processing: Employers can opt for premium processing, which guarantees a response from USCIS within 15 calendar days for an additional fee.
Stage 3: Priority Date and Visa Bulletin
How Long Does It Take to Get EB2 Green Card with Priority Date?
Once Form I-140 is filed, applicants must wait for their priority date to become current. The priority date is the date the labor certification was filed. The U.S. Department of State publishes a monthly Visa Bulletin indicating which priority dates are currently being processed.
- Timeframe: Varies based on country of origin
- Factors Affecting Timeframe: The demand for EB2 green cards from your country of origin can significantly affect your wait time. Countries with high demand, such as India and China, often experience longer wait times.
Stage 4: Adjustment of Status or Consular Processing
How Long Does It Take to Get EB2 Green Card Adjustment of Status?
Once the priority date is current, applicants can either file Form I-485, Application to Register Permanent Residence or Adjust Status, if they are in the United States, or go through consular processing if they are outside the United States.
- Adjustment of Status Timeframe: 8 to 14 months
- Consular Processing Timeframe: 6 to 12 months
- Factors Affecting Timeframe: The processing times can vary based on USCIS workload, the complexity of your case, and the consulate’s schedule.
Factors That Can Affect the EB2 Green Card Timeline
Several factors can influence how long it takes to get an EB2 green card:
- Country of Origin: Applicants from countries with high demand for EB2 visas, such as India and China, often face longer wait times due to per-country caps.
- USCIS and DOL Workloads: Processing times can vary based on the current workload and efficiency of USCIS and DOL.
- Completeness of Application: Ensuring all forms and documents are correctly filled out and submitted can prevent delays.
- Premium Processing: Opting for premium processing for the I-140 petition can expedite this stage of the process.
Conclusion
How long does it take to get an EB2 green card? The answer depends on various factors, including your country of origin, the complexity of your case, and the current workloads of USCIS and DOL. While the process can take anywhere from 1 to 3 years or longer, understanding the stages and potential delays can help you better navigate the journey to obtaining your EB2 green card. Patience, careful preparation, and staying informed about the latest updates can significantly improve your chances of a smooth and successful application process.
