Both paths lead to EB2 green cards β but the trade-offs in cost, speed, flexibility, and approval rate are dramatically different. Here's the complete comparison.
| Factor | PERM + EB2 | EB2 NIW |
|---|---|---|
| Employer required? | Yes β employer must sponsor | No β self-petition |
| Labor certification? | Yes β 6β18 month DOL process | No |
| Job change? | PERM restarts on job change before I-140 | No restart β PD follows you |
| Priority date category | EB2 or EB3 (depends on role) | EB2 only |
| India/China retrogression | Yes | Yes (same queue) |
| Evidence burden | Employer labor market test | Petitioner proves national interest |
| Timeline to I-140 | 18β36 months total (PERM + I-140) | 15 days (premium) to 18 months |
| Cost | $5Kβ$25K (employer pays) | $3Kβ$12K (self-pay) |
| Approval rate | ~95% (straightforward) | ~65β80% (depends on case) |
| Best for | Standard corporate sponsor, any nationality | Job changers, PhDs, India-born wanting earliest PD |