49 EB-2 PERM Visa Statistics Every Applicant Should Know in 2026

Author

Pegah Karimbakhsh Asli

Reviewer

The Alma Team

Date Published

January 31, 2026

Current data compiled from USCIS reports, Department of Labor records, and Department of State visa bulletins

Key Takeaways

  • PERM processing times have reached 500 calendar days – The Department of Labor analyst review now takes over 16 months, making strategic planning and efficient document preparation critical for EB-2 PERM applicants
  • EB-2 approval rates remain strong at 90% – Despite processing delays, fiscal year 2023 saw high approval rates for properly prepared applications, underscoring the value of experienced legal guidance
  • Indian nationals face 12+ year backlogs – With priority dates stuck at January 1, 2013, and an estimated 400,000 petitions in the queue, country-specific wait times vary dramatically
  • All FY 2025 EB-2 visas were exhausted by September – The 42,900 available visas reached their annual limit quickly, highlighting the category's intense demand
  • STEM job categories dominate EB-2 filings – Over 57% of approved EB-2 petitions in FY 2023 were for STEM positions, reflecting the high-skilled talent focus of this visa category
  • NIW approval rates dropped sharply to 43.31% in FY 2024 – The dramatic decline from 79.99% in FY 2023 makes the PERM pathway increasingly attractive for qualified applicants

Understanding the EB-2 PERM Visa: A Statistical Overview

  1. 93,010 total EB-2 Form I-140 petitions were received in Fiscal Year 2023. This substantial filing volume demonstrates continued strong demand for employment-based green cards among highly skilled professionals. The consistent application numbers indicate employers and foreign nationals remain committed to the EB-2 pathway despite processing challenges.
  1. 81,380 total EB-2 petitions were approved in FY 2023. USCIS approved the majority of applications, reflecting the category's accessibility for qualified applicants. This approval volume represents thousands of professionals securing their path to permanent residency.
  1. 57% of all EB-2 petitions in FY 2023 required PERM labor certification. The PERM-based pathway remains the dominant route for EB-2 applicants who don't qualify for the National Interest Waiver. This statistic highlights the importance of understanding the labor certification process for most EB-2 candidates.
  1. 53,200 non-NIW EB-2 petitions (requiring PERM) were received in FY 2023. This PERM application volume shows that employer-sponsored green cards continue to be a primary immigration strategy for U.S. companies seeking to retain international talent.
  1. 49,630 PERM-based EB-2 petitions were approved in FY 2023. The high approval count demonstrates that well-prepared PERM applications consistently succeed. Working with experienced attorneys like those at Alma can help ensure your application meets all requirements.

STEM vs. Non-STEM Applications

  1. 53,960 EB-2 petitions were for STEM job categories in FY 2023. STEM positions dominated EB-2 filings, reflecting the U.S. economy's demand for technical talent. Technology, engineering, and scientific roles represent the majority of successful EB-2 applications.
  1. 22,690 EB-2 petitions were for non-STEM job categories in FY 2023. The non-STEM applications show that professionals in business, healthcare, and other fields also successfully pursue EB-2 status. The pathway isn't limited to technical roles.
  1. Non-STEM EB-2 receipts increased by 28% from FY 2022 to FY 2023. This significant growth indicates expanding opportunities for professionals outside traditional tech fields. The EB-2 category continues to diversify.

PERM Processing Times: What to Expect

  1. 500 calendar days average processing time for PERM analyst review as of December 2025. The Department of Labor reports extended processing delays that significantly impact overall green card timelines. This 16+ month wait occurs before the I-140 petition can even be filed.
  1. PERM applications filed in September 2024 are currently being processed in analyst review. The DOL processing queue shows applications from mid-2024 are just now receiving attention. This backlog underscores the importance of filing early and accurately.
  1. PERM applications filed in December 2024 are currently being processed in audit review. Even recent filings face months of processing time, with audit cases adding additional delays. Avoiding common errors that trigger audits saves substantial time.
  1. 50,319 PERM prevailing wage requests remained pending as of January 2026. This significant backlog in the pre-filing stage adds months before employers can even begin recruitment. Strategic planning becomes essential given these delays.

Timeline Components

  1. 12 to 24 months estimated time for the complete PERM labor certification process. Industry analysis shows the full PERM timeline now extends up to two years from initiation to certification. This extended period requires careful workforce planning.
  1. 6 to 9 months estimated time for I-140 petition adjudication after PERM approval. Following PERM certification, I-140 processing adds additional months to the timeline. Premium processing can expedite this stage for an additional fee.
  1. 6 to 18 months additional time for I-485 adjustment of status or consular processing. The final green card stage varies based on visa availability and processing center workloads. Applicants from countries without backlogs may complete this stage relatively quickly.

Country-Specific Wait Times and Backlogs

  1. EB-2 India Final Action Date remains at January 1, 2013. Indian nationals face a 12+ year backlog, the longest wait time of any country. This severe retrogression affects hundreds of thousands of skilled professionals.
  1. 400,000 approved EB-2 petitions from Indian nationals are estimated to be in the queue. This staggering backlog represents years of accumulated demand against limited annual visa availability. New applicants join an already extensive waiting list.
  1. 90% of the total EB-2 backlog worldwide consists of Indian nationals. The concentration of cases reflects both the size of the Indian tech workforce in the U.S. and the per-country caps' disproportionate impact.
  1. 12 to 18 years estimated wait time for new EB-2 India applicants filing in 2024-2025. Projections suggest lengthy waits for Indian professionals just starting the process. This timeline has significant personal and career implications.
  1. 2 to 4 months per year estimated priority date advancement for EB-2 India. The slow forward movement barely keeps pace with new applications, maintaining the multi-decade backlog. Legislative action would be required for meaningful change.
  1. EB-2 China Final Action Date is December 15, 2020. Chinese nationals face a 4+ year backlog, shorter than India but still substantial. This wait time continues to grow as demand increases.
  1. EB-2 Rest of World Final Action Date is September 1, 2023. Applicants from most countries face approximately 2-year waits, significantly shorter than backlogged countries. This timeline is more manageable for career planning.
  1. 7% per-country cap limits any single country to 25,620 visas annually. This statutory limitation across all employment and family-based categories creates the dramatic country-based disparities.

Approval Rates and Success Statistics

  1. 90% overall approval rate for all EB-2 petitions in Fiscal Year 2023. USCIS data shows strong approval rates for properly prepared applications. This high success rate reflects the category's accessibility for qualified candidates.
  1. 97% approval rate for EB-2 petitions in Fiscal Year 2018. Historical data shows higher approval rates in prior years. The slight decline reflects increased scrutiny rather than fundamental changes in eligibility.
  1. 97% approval rate maintained in Fiscal Year 2022. Consistent high approval rates across multiple years demonstrate the pathway's reliability for qualified applicants with proper documentation.
  1. 57,150 EB-2 petitions for STEM jobs were approved in FY 2023. The substantial STEM approvals reflect both high demand and strong qualification profiles among technical professionals.
  1. 35,910 non-NIW EB-2 STEM petitions (PERM-based) were approved in FY 2023. The PERM pathway success for STEM professionals remains excellent when applications are properly prepared.

NIW Approval Rate Decline

  1. 43.31% approval rate for EB-2 NIW in Fiscal Year 2024. The dramatic decline from 79.99% in FY 2023 represents a significant shift in adjudication patterns. This change makes the PERM pathway comparatively more attractive.
  1. 17.71% denial rate for EB-2 NIW petitions in Fiscal Year 2024. The increased denial rate suggests more rigorous evaluation of national interest claims. Applicants uncertain about NIW eligibility may find PERM more predictable.
  1. 38.98% of EB-2 NIW cases remained pending at the end of FY 2024. The high pending rate creates uncertainty for applicants waiting on decisions. The EB-2 NIW pathway requires stronger evidence than in previous years.
  1. 37.2% denial rate for EB-2 NIW in Q1 FY 2025. Early fiscal year data shows high denial rates, exceeding even EB-1A denials. This trend reinforces the value of employer-sponsored PERM alternatives.

Annual Visa Limits and Allocation

  1. 28.6% of the 140,000 worldwide employment-based preference visas are allocated to EB-2 annually. The statutory allocation provides approximately 40,000 visas per year for the EB-2 category. This cap hasn't changed since 1990.
  1. All available EB-2 visas for FY 2025 were issued by September 2, 2025. The annual limit exhaustion with over a month remaining in the fiscal year demonstrates intense demand. Early priority dates become increasingly important.
  1. 140,000 annual cap on employment-based immigrant visas has remained unchanged since 1990. The static visa cap hasn't kept pace with economic growth or demand. This unchanged limit drives much of the current backlog.
  1. EB-2 Rest of World retrogressed in August 2025 due to rapidly approaching annual limit. Even countries without backlogs experienced priority date movement backward. This unusual development signals extreme demand across all chargeability areas.

Comparing EB-2 PERM with Other Employment-Based Categories

  1. 60.65% approval rate for EB-1A in Fiscal Year 2024. The extraordinary ability category shows higher approval rates than EB-2 NIW but requires exceptional qualifications. The EB-1A pathway offers shorter backlogs for qualified applicants.
  1. 23.32% denial rate for EB-1A petitions in Fiscal Year 2024. The elevated denial rate reflects USCIS's rigorous evaluation of extraordinary ability claims. Comprehensive evidence packages are essential.
  1. EB-1A India Final Action Date is February 15, 2022. Indian nationals in the EB-1A category face approximately 3-year waits—significantly shorter than EB-2's 12+ years.
  1. EB-3 India Final Action Date is May 22, 2013. The EB-3 skilled worker shows a similar backlog to EB-2 for Indian nationals. Some applicants file in both categories to maximize options.
  1. EB-3 Rest of World Final Action Date is April 1, 2023. Applicants from most countries face comparable waits in EB-2 and EB-3. The choice often depends on qualification requirements.

Historical Trends and Growth Patterns

  1. NIW petitions nearly doubled from 21,990 in FY 2022 to 39,810 in FY 2023. The explosive NIW growth contributed to the subsequent approval rate decline as USCIS applied stricter standards to manage volume.
  1. EB-2 approvals increased 60% from 57,810 in FY 2021 to 92,280 in FY 2022. This significant increase reflected USCIS efforts to reduce backlogs following COVID-related delays.
  1. EB-2 approvals decreased 12% from 92,280 in FY 2022 to 81,380 in FY 2023. The approval decline brought numbers closer to historical norms after the post-pandemic processing surge.
  1. 10% increase in EB-2 receipts from FY 2022 to FY 2023. The continued receipt growth demonstrates sustained demand even as processing times extend. Employers remain committed to sponsoring skilled talent.

State-by-State PERM Data

  1. California led all states with 27,548 PERM applications certified in FY 2016. The state represents national PERM volume at 23.76%, driven by its tech-heavy economy and major employer concentration.
  1. $111,212 average wage offer for PERM positions in California. The high average wages reflect the skilled nature of positions and regional cost of living. Prevailing wage determinations vary significantly by location.
  1. Texas certified 15,593 PERM applications representing 13.45% of national total. The second-highest volume state benefits from growing tech hubs in Austin, Dallas, and Houston.
  1. $142,700 average wage offer for PERM positions in Pennsylvania. The highest average wages among major states reflect specialized pharmaceutical and financial services positions.

Cost Analysis for EB-2 PERM Applications

Understanding total costs helps employers and employees budget appropriately for the multi-year process.

The EB-2 PERM process involves several cost components:

  • PERM Labor Certification legal fees: Typically $6,000-$10,000 depending on complexity
  • I-140 Immigrant Petition fees: Government filing fees plus attorney preparation
  • Adjustment of Status fees: Per-applicant government and legal fees for the final stage

Alma offers transparent flat-rate pricing for each stage:

  • PERM Labor Certification: $8,000
  • I-140 (PERM-based): $4,000
  • AOS Bundle: $2,000 per adult, $1,500 per child under 14

These fees include attorney consultation, document preparation, and platform access. Administrative charges such as FedEx, printing, and postage are included. USCIS government filing fees are separate and refundable if the case isn't filed.

For businesses managing multiple cases, Alma's compliance dashboards, automated reminders, and HRIS integrations streamline the entire process while maintaining audit-ready records.

Frequently Asked Questions

What is the average processing time for an EB-2 PERM visa application?

The complete EB-2 PERM process currently takes 12 to 24 months for PERM certification alone, with an additional 6-9 months for I-140 processing and 6-18 months for adjustment of status. The PERM analyst review stage specifically takes approximately 500 calendar days as of December 2025. Working with experienced attorneys who prepare complete, accurate filings helps avoid audit delays that extend timelines further.

How do priority dates and the visa bulletin affect when I can get my EB-2 green card?

Your priority date—the date your PERM application is filed—determines your place in the visa queue. The visa bulletin published monthly shows which priority dates are currently eligible for green card processing. For Indian nationals, the current Final Action Date of January 1, 2013 means a 12+ year wait, while applicants from most other countries face approximately 2 years.

What are the main requirements for an EB-2 PERM visa?

The EB-2 category requires either an advanced degree (master's or higher, or bachelor's plus 5 years progressive experience) or exceptional ability in your field. The PERM process additionally requires employer sponsorship, a valid job offer, and completion of a labor market test demonstrating no qualified U.S. workers are available. Alma's legal team can evaluate your qualifications and recommend the optimal pathway.

Can an employer apply for EB-2 PERM for an employee currently on H-1B?

Yes, the EB-2 PERM process is commonly pursued by H-1B holders seeking permanent residency. The processes run parallel—your H-1B status remains valid while the green card application proceeds. Given H-1B multi-year waits, starting the PERM process early is advisable to establish an early priority date.

What happens if my PERM application is audited by the Department of Labor?

Audits require employers to submit additional documentation proving compliance with recruitment requirements. Audit cases currently show processing timeframes that can vary, but responses must be thorough and accurate. Common audit triggers include job requirements that appear tailored to the beneficiary or incomplete recruitment documentation. Alma includes RFE responses in legal packages and offers free refiling in case of initial denial on Growth and Enterprise plans.

What are the typical legal and government fees for the EB-2 PERM process?

Total costs typically range from $15,000-$25,000 including legal fees and government filing fees across all stages. Alma's transparent pricing includes $8,000 for PERM, $4,000 for the I-140, and $2,000 per adult for adjustment of status, with all administrative charges included. Government filing fees are additional and vary by form type. Some employers cover all costs while others share expenses with employees—policies vary by company.