Immigrant Visa
EB-2 Visa — Advanced Degree Professional (with PERM)
EB-2 green card for advanced-degree professionals with a permanent US job offer and Labor Certification (PERM). Brazilians CURRENT in April 2026.
Last reviewed
EB-2 with PERM ≠ EB-2 NIW
There are two EB-2 paths: traditional (with Labor Certification — PERM — and an employer sponsor) and NIW (National Interest Waiver, which waives PERM and allows self-petition). This page covers the PERM path. If you do not have an employer willing to sponsor, consider EB-2 NIW.
Recommendation
Brazilian professionals with proven national-interest impact often qualify for both paths. We assess which optimizes total timeline and approval likelihood for your situation.
Who qualifies for EB-2 with PERM
You need a permanent full-time US job offer AND must meet at least one of:
- Master's, doctorate, or professional degree (JD, MD, etc.) in a field related to the offered job
- Bachelor's + 5 years of progressive professional experience post-bachelor's
- Exceptional ability — meet 3 of 6 regulatory criteria (degree + 10 years experience + employer letters + above-average wage + professional association membership + recognition by peers)
The 3 mandatory stages
| Stage | What it is | Average time (2026) |
|---|---|---|
| 1. PERM (ETA-9089) | Department of Labor certifies that no qualified US worker is available for the role. Employer conducts recruitment + audit file. | 8–14 months |
| 2. I-140 (USCIS) | Immigrant petition filed by employer after PERM approval. Premium Processing available. | Regular: 6–9 mo · Premium: 45 days |
| 3. I-485 or consular processing | Adjustment of Status (if already in the US in valid status) or consular processing in Brazil. | 6–14 months |
Total filing → green card: typically 18 to 24 months. Brazilians face no Visa Bulletin backlog — Priority Date current throughout (Apr 2026).
Cost (2026)
| Item | Amount | Who pays |
|---|---|---|
| PERM recruitment (ads + agency) | $1,500–4,000 | Employer (always) |
| PERM attorney fees | $4,000–7,000 | Employer (always) |
| USCIS I-140 fee | $715 | Employer (typically) |
| Asylum Program Fee (with I-140) | $600 | Employer (typically) |
| I-140 Premium Processing | $2,965 | Employer or employee |
| USCIS I-485 fee | $1,440 | Employee (typically) |
| EAD (I-765) + Advance Parole (I-131) | $260 each | Employee |
| Pinho Law fees (I-140 + I-485) | $5,500–9,000 | As negotiated |
By law (20 CFR §656.12), the employer must pay 100% of PERM costs — including recruitment and attorney fees. Attempts to shift these to the employee invalidate the petition.
EB-2 with PERM vs EB-2 NIW — when to use PERM
PERM makes sense in these scenarios:
- You have a US employer willing to sponsor and cover PERM costs
- Your role is employer-specific (not self-employed) — software engineer at Big Tech, hospital physician, university professor
- You CANNOT build a strong national-interest case (Dhanasar 3-prong) — your profile is more executor than pioneer
- Already in the US on H-1B/L-1/O-1 and want a direct transition to green card via current employer
What makes a winning EB-2 with PERM petition
- Carefully drafted job description: specific enough to reflect the actual role, not so narrow that DOL questions fabrication for the specific candidate
- Well-supported PWD (Prevailing Wage Determination) — offered wage must meet or exceed BLS data for the role + region
- Recruitment compliant with 20 CFR §656.17: required ads, broad-circulation newspaper, internal posting, additional efforts
- Complete and organized audit file — DOL randomly audits ~10% of PERMs; response window is 30 days
- I-140 with corroborating letters from prior employers confirming title, dates, duties, and salary
- Maintains valid status (H-1B, L-1, O-1) throughout the process until I-485 is filed
PERM in 2026 — watch for regulatory changes
In January 2026 DOL announced revisions to ETA-9089 forms + audit triggers. Cases filed before the final rule are adjudicated under the prior framework. The administration has also signaled greater focus on wage attestation and prevailing wage challenges in tech PERMs (especially Big Tech).
Practical recommendation
If your employer is already committed to PERM, start recruitment as soon as possible — protecting your Priority Date under current regulation is worth accelerating 30–60 days.
Frequently Asked Questions — EB-2 with PERM
EB-2 with PERM or EB-2 NIW — which to choose?
If you have an employer willing to sponsor and cover PERM costs, EB-2 with PERM is more predictable (PERM approval rate in 2025: ~94%). If you are self-employed, an independent professional, or have no willing employer, EB-2 NIW (self-petition) is the path. We assess both scenarios at the consultation.
How long does EB-2 with PERM take in 2026?
Typically 18 to 24 months from PERM recruitment start to approved green card. PERM itself: 8 to 14 months (DOL). I-140 with Premium Processing: 45 business days after PERM approval. I-485 or consular: another 6 to 14 months. Brazilians are CURRENT — no backlog (Apr 2026).
Is the employer required to pay all PERM costs?
Yes, by law (20 CFR §656.12). Recruitment costs, advertising, attorney fees, and PERM filing fees are 100% the employer's responsibility. Attempts to make the employee pay invalidate the entire petition. Some companies split I-140/I-485 costs with the employee by contract — that is permitted.
Can I switch employers during EB-2 with PERM?
Depends on the stage. PERM is employer-specific — if you switch, you start over. I-140 is also employer-specific but offers portability once approved. I-485: after 180 days pending, AC21 §106(c) allows portability to a 'same or similar' role without restarting — this is the safest window to switch.
Is PERM approval guaranteed?
No. National 2025 approval rate: ~94% for PERMs without audit; ~78% after audit. Common denial causes: job description that appears tailored to the specific candidate, defective recruitment (out-of-window ads, wrong newspaper), prevailing wage below offered salary, or qualified US candidates surfacing during recruitment.
Are Brazilians on a queue for EB-2 with PERM?
No. In the April 2026 Visa Bulletin, Brazil is CURRENT for EB-2 (and EB-1, EB-3, EB-5). This window is the best combined timeline for Brazilians since 2018 — we recommend filing while the queue is open.
Can I file EB-2 NIW as a backup during EB-2 with PERM?
Yes, we frequently recommend running both in parallel for strong-profile clients. EB-2 NIW filing is independent of PERM/employer — two separate Priority Dates, two I-140s. You use whichever approves first. Extra cost ~$7,500–10,000, but it reduces the risk of late-stage PERM failure.
Ready to take the next step?
Schedule a consultation today. We will listen, assess your situation, and give you a clear path forward — in the language you are most comfortable with.