PERM and EB-2 Employment Visas: Strategic Immigration Solutions for Skilled Workers

 
 

Looking to Secure Permanent Residency through EB-2 or PERM? Our New York Attorneys Can Help.

At Sharma Law Associates, LLC, we assist foreign professionals and U.S. employers in navigating the complex process of obtaining permanent residency through the EB-2 employment-based visa category. Our New York immigration attorneys provide strategic, step-by-step legal guidance throughout the PERM labor certification and EB-2 green card process.

Understanding the EB-2 Employment Visa

The EB-2 visa is a second-preference employment-based immigrant visa designed for individuals with advanced degrees or exceptional ability in the sciences, arts, or business. It provides a pathway to lawful permanent residency (a green card) for skilled professionals who meet specific educational, experience, and labor market standards.

To qualify for an EB-2 visa, foreign nationals must generally fall into one of the following categories:

  • Professionals with an advanced degree (or the equivalent of a U.S. master’s or higher).

  • Individuals with a bachelor’s degree and at least five years of progressive post-baccalaureate experience.

  • Persons with exceptional ability in the sciences, arts, or business whose skills significantly benefit the U.S.

Most EB-2 applicants must also have a permanent job offer from a U.S. employer and undergo the PERM labor certification process, unless they qualify for a National Interest Waiver (NIW).

What Is PERM Labor Certification?

PERM (Program Electronic Review Management) is the first step in most EB-2 green card cases. It requires the employer to demonstrate that there are no willing, able, and qualified U.S. workers available for the position being offered.

The PERM process involves:

  • Drafting a detailed job description with minimum qualifications.

  • Obtaining a Prevailing Wage Determination from the U.S. Department of Labor (DOL).

  • Running a good-faith recruitment campaign for U.S. workers.

  • Filing ETA Form 9089 with the DOL if no qualified U.S. workers apply.

At Sharma Law Associates, LLC, we guide employers through every aspect of this rigorous process to avoid delays or denials.

Benefits of the EB-2 Visa Category

The EB-2 visa is often faster than other employment-based green card categories, especially for applicants from countries without visa backlogs.

Key benefits include:

  • Eligibility for premium processing at the I-140 stage.

  • Shorter wait times compared to EB-3 visas.

  • Dual intent, allowing applicants to remain in the U.S. on a nonimmigrant visa while pursuing permanent residency.

We help clients identify whether EB-2 is the most strategic route for their long-term goals and eligibility.

Advanced Degree Equivalency and Documentation

Applicants must submit clear, well-documented evidence of their advanced degree or exceptional ability. In many cases, proving that a foreign degree is equivalent to a U.S. degree requires expert evaluations and detailed employment histories.

Our legal team:

  • Reviews academic credentials and employment background.

  • Works with credential evaluation agencies.

  • Prepares affidavits, letters, and supporting documentation for U.S. Citizenship and Immigration Services (USCIS).

PERM Compliance and Risk Management

Even minor errors in PERM filings can cause costly setbacks. Our New York PERM and EB-2 visa attorneys work closely with HR teams and employers to ensure accuracy and compliance.

We assist with:

  • Developing lawful job requirements.

  • Managing recruitment timelines and recordkeeping.

  • Responding to audits or supervised recruitment requests from the DOL.

PERM and EB-2 for Entrepreneurs and Researchers

While EB-2 is often employer-sponsored, individuals with unique qualifications may be eligible for a National Interest Waiver (NIW), which allows self-sponsorship. Entrepreneurs, researchers, and public health professionals are often strong candidates for these roles.

At Sharma Law Associates, LLC, we:

  • Evaluate whether your work substantially benefits the U.S.

  • Prepare evidence showing national importance and merit.

  • Craft compelling personal statements and expert letters.

PERM Timeline and What to Expect

The entire PERM and EB-2 process can take 12 to 24 months or longer, depending on the complexity of the case and processing times. Each stage must be carefully timed to avoid losing eligibility or disrupting employment status.

Our firm provides:

  • Transparent, realistic case timelines.

  • Ongoing updates and communication.

  • Contingency planning for H-1B, L-1, or other visa holders nearing max-out dates.

Why Choose Sharma Law Associates, LLC?

Our New York immigration lawyers combine deep legal knowledge with personalized client service. We don’t just process applications—we develop comprehensive immigration strategies that help clients build careers, establish companies, and secure their futures in the U.S.

Employers and professionals trust us because:

Speak With a New York PERM and EB-2 Visa Attorney Today

If you’re an employer seeking to sponsor international talent or a professional pursuing permanent residency, Sharma Law Associates, LLC can help. Contact our New York PERM and EB-2 visa attorneys at 646-374-3480, online, or to schedule a personalized consultation on our calendar. Let us help you move forward with clarity and confidence.