EB-2 Cost — Full Breakdown of Fees and Expenses

Understanding the Real EB-2 Cost Structure

Here's the honest answer: the EB-2 cost is not one number. It is the sum of at least four distinct payment categories, spread across multiple years, paid to different entities, and driven by choices your employer and attorney make early in the process. The employer files the petition, but you bear the cost of adjustment, medical exams, and often attorney fees under the terms of your employment agreement. What most candidates call "the EB-2 cost" is actually the layered expense of labor certification, petition filing, adjustment of status, and professional representation — none of which USCIS bundles into a single invoice.

The EB-2 visa category covers foreign nationals with advanced degrees or exceptional ability in the sciences, arts, or business. Most EB-2 cases require a PERM labor certification before the employer can file Form I-140, Immigrant Petition for Alien Workers. That labor certification process alone costs the employer several thousand dollars and takes months to complete, even before USCIS touches the file. After I-140 approval, beneficiaries file Form I-485, Application to Register Permanent Residence or Adjust Status, to obtain the green card — and that stage carries its own fee structure, its own medical requirements, and its own biometrics appointment. Each of these stages has a cost, a timeline, and a condition that can shift the total if circumstances change.

The Direct Answer: What You Pay and When

USCIS charges filing fees for the forms the process requires. As of early 2026, USCIS lists Form I-140 at $700 and Form I-485 at $1,440 for most adult applicants; fees for dependents and premium processing are additional. These amounts change whenever USCIS publishes a new fee rule in the Federal Register, so confirm the current fee schedule at uscis.gov/forms before filing. The employer pays the I-140 fee because the petition belongs to the employer. The beneficiary typically pays the I-485 fee, the medical examination fee, and any costs associated with derivative beneficiaries (spouse and children under 21).

The PERM labor certification process, administered by the Department of Labor, does not itself carry a government filing fee, but it requires the employer to pay for recruitment advertisements, prevailing wage determinations, and attorney time to prepare and file the application. Employers routinely spend $3,000 to $8,000 on the PERM stage depending on the occupation, the recruitment method required by regulation, and the complexity of the case. If the PERM application is audited — a random selection process DOL uses to verify compliance — the timeline extends and the legal fees increase.

Medical examinations are performed by USCIS-designated civil surgeons and are not covered by insurance. The exam fee varies by provider and location but typically ranges from $200 to $500, depending on the vaccination record the applicant brings and the jurisdiction. This is a Class B fact verified as of early 2026; confirm the current cost with the civil surgeon you select.

Attorney fees depend on the scope of representation, the complexity of the case, and the fee structure the firm uses. Some firms charge a flat fee per stage (PERM, I-140, I-485); others bill hourly. The total legal cost for all three stages combined often falls between $8,000 and $15,000, though higher complexity cases — those requiring extensive documentation for exceptional ability claims, responses to Requests for Evidence, or appeals — can exceed that range. The Law Offices of Peter D. Chu offers a $250 consultation to discuss your specific situation and provide a written fee estimate before representation begins.

PERM Labor Certification: The Hidden First Cost

The PERM process is the first financial commitment most EB-2 cases require, and it is one the beneficiary does not see itemized on a government invoice. DOL requires the employer to test the U.S. labor market by advertising the position, interviewing minimally qualified U.S. workers, and documenting that no able, willing, and qualified U.S. worker is available for the job. The employer pays for those advertisements — print ads in newspapers of general circulation, online postings, and any additional recruitment steps the regulations require for professional positions. The employer also pays for the prevailing wage determination, a request submitted to DOL's National Prevailing Wage Center to establish the minimum salary the position must offer.

Attorney fees for PERM preparation typically range from $3,000 to $6,000 depending on the occupation and the recruitment complexity. Positions classified under Schedule A (certain healthcare roles and individuals of exceptional ability in the sciences or arts) bypass PERM entirely, reducing this cost to zero. Most EB-2 cases, however, proceed through the full PERM process, and the timeline from the prevailing wage determination to PERM approval averages six to nine months under normal processing conditions. If DOL audits the application — a random occurrence in roughly 25 to 30 percent of cases based on historical DOL data — the employer must produce documentation proving every recruitment step complied with the regulations, and the case remains pending until DOL issues a final determination. Audit responses add legal fees and extend the timeline by months.

The employer bears the PERM cost by law. Immigration regulations at 8 CFR § 656.12 prohibit the employer from requiring or accepting payment from the beneficiary for any activity related to obtaining labor certification. The employer may, however, require the beneficiary to pay attorney fees for the I-140 and I-485 stages under the terms of the employment agreement, so the division of costs is not uniform across cases.

Form I-140: The Immigrant Petition Fee

Once PERM is approved — or for Schedule A cases and National Interest Waiver cases, once the groundwork is complete — the employer files Form I-140 with USCIS. As of early 2026, USCIS lists the I-140 filing fee at $700; confirm the current amount on the USCIS fee schedule before filing, as this is a Class B fact subject to change via fee rule. The employer pays this fee because the petition asserts that the employer has a permanent job offer for the beneficiary and that the beneficiary meets the qualifications for the EB-2 category.

Premium processing is available for Form I-140. As of early 2026, the premium processing fee is $2,805, and it guarantees a response within 15 business days. The employer may choose to pay this fee to accelerate adjudication, but it does not change the priority date or the beneficiary's place in the visa queue — it only speeds USCIS's decision on the petition itself. The premium processing fee is paid in addition to the base I-140 fee, and it is refunded only if USCIS fails to adjudicate within the guaranteed window.

Attorney fees for I-140 preparation are additional. Firms typically charge $2,000 to $4,000 for I-140 representation, depending on the evidence required and the nature of the case. EB-2 cases based on an advanced degree and a PERM-approved job offer are relatively straightforward; cases filed under the National Interest Waiver provision (which allows the beneficiary to self-petition without employer sponsorship or PERM) require extensive documentation of the beneficiary's work, its national importance, and why waiving the labor certification serves U.S. interests. National Interest Waiver cases often carry higher attorney fees because the evidentiary burden is significantly greater.

Form I-485: Adjustment of Status and the Beneficiary's Direct Costs

The beneficiary files Form I-485 once the priority date is current according to the monthly Visa Bulletin published by the Department of State. As of early 2026, USCIS lists the I-485 filing fee at $1,440 for applicants age 14 and older; applicants under 14 pay a reduced fee. Each derivative beneficiary (spouse or child) files a separate I-485 with a separate fee. A family of three — principal applicant, spouse, and one child over 14 — pays three I-485 fees, totaling $4,320 before any other costs. Confirm current I-485 fees on the USCIS fee schedule at uscis.gov/forms before filing, as fee rules change periodically.

The I-485 filing triggers several additional requirements, each with its own cost:

• Medical examination: required for all I-485 applicants. The exam must be performed by a USCIS-designated civil surgeon and includes a review of vaccination records, a physical exam, and required vaccinations if the applicant's records are incomplete. Fees vary by provider and jurisdiction but typically range from $200 to $500 per person as of early 2026.
• Biometrics fee: included in the I-485 filing fee as of the most recent fee rule, so no separate payment is required. USCIS schedules the biometrics appointment after I-485 receipt.
• Employment Authorization Document (EAD) and Advance Parole: I-485 applicants may apply for work authorization and travel permission by filing Form I-765 and Form I-131 concurrently with I-485. As of early 2026, these forms are filed without an additional fee when submitted with I-485, but confirm the current policy on the USCIS forms page.

Attorney fees for I-485 preparation typically range from $2,500 to $5,000 per family, depending on the number of derivative beneficiaries and the complexity of the adjustment application. Cases involving prior immigration violations, unlawful presence, or criminal history require waivers or additional documentation, and those cases carry higher legal fees.

What If My Priority Date Retrogresses After I-140 Approval?

Priority date movement is outside anyone's control. The priority date is the date DOL received the PERM application (or the date USCIS received the I-140 if PERM was not required). The Visa Bulletin publishes cutoff dates each month for each employment-based category and country of chargeability. When the cutoff date is earlier than your priority date, your date is not current, and you cannot file I-485 or complete consular processing. When the cutoff advances past your priority date, your date becomes current and you may proceed.

Retrogression — the movement of the cutoff date backward — happens when visa demand exceeds the annual numerical limits Congress set for the category. EB-2 cases from India and China face multi-year backlogs; cases from most other countries move faster. Retrogression does not invalidate your I-140 approval, and it does not require you to refile anything. It simply delays the stage at which you can apply for the green card itself. During retrogression, the only cost is patience and potentially the cost of maintaining or extending your current nonimmigrant status (H-1B, L-1, O-1, or another work-authorized category) while the priority date queue advances.

What If I Need to Respond to a Request for Evidence?

USCIS issues a Request for Evidence (RFE) when the initial filing does not contain sufficient documentation to approve the petition. RFEs are common in EB-2 cases, particularly in National Interest Waiver cases and in cases where the beneficiary's degree or work experience does not obviously meet the advanced degree or exceptional ability standard. Responding to an RFE does not carry a government fee, but it does require attorney time to analyze the request, gather additional evidence, and draft the response. Attorney fees for RFE responses typically range from $1,500 to $4,000 depending on the scope of the deficiency USCIS identified.

Ignoring an RFE or submitting an inadequate response results in denial. A denied I-140 can be appealed to the USCIS Administrative Appeals Office, but appeals are costly, slow, and succeed only when the initial decision contained a legal or factual error. Filing a new I-140 is often faster and less expensive than appealing, but it results in a new priority date, which can set the case back years if the original priority date was favorable.

What If My Employer Withdraws the I-140 After Approval?

An approved I-140 that has been approved for at least 180 days allows the beneficiary to port the priority date to a new employer under the AC21 portability provisions. The new employer files a new PERM application and a new I-140, but the beneficiary retains the original priority date, preserving their place in the visa queue. Portability does not eliminate the cost of the new PERM and I-140 process — the new employer incurs those expenses just as the original employer did — but it prevents the beneficiary from losing years of waiting time.

If the employer withdraws the I-140 before the 180-day mark, the beneficiary loses the priority date and must start over with a new employer. This is one reason timing matters: an I-140 approval is not secure until it has been approved for six months and the employer has not revoked it.

The Bottom Line: Budgeting for the Full EB-2 Process

The total EB-2 cost for a single beneficiary, including PERM, I-140, I-485, medical exams, and attorney fees across all stages, typically ranges from $12,000 to $20,000. Cases involving dependents, premium processing, RFEs, or National Interest Waivers exceed that range. The cost is not paid all at once; it is distributed across two to four years depending on processing times and priority date movement. The employer pays the PERM and I-140 costs; the beneficiary pays the I-485, medical, and dependent costs, plus any attorney fees the employment agreement assigns to the beneficiary.

Fee rules change, processing times fluctuate, and priority dates move unpredictably. Budget for the known costs, confirm current fees before each filing, and consult an immigration attorney before committing to the process. The Law Offices of Peter D. Chu provides a $250 initial consultation to assess your eligibility, explain the cost structure for your specific case, and deliver a written fee agreement before representation begins. Call 858-268-8823 or visit the office at 4615 Convoy St, San Diego, CA 92111, Monday through Friday, 8:30 AM to 5:30 PM.

Disclaimer: This article provides general information about EB-2 costs and process structure. It is not legal advice and does not create an attorney-client relationship. Immigration outcomes depend on individual facts, current regulations, and agency discretion. Consult a licensed immigration attorney to evaluate your specific situation before making any filing or financial decisions.

Schedule a consultation with the Law Offices of Peter D. Chu — 4615 Convoy St, San Diego, CA 92111 · 858-268-8823 · Mon–Fri, 8:30 AM–5:30 PM. Consultation fee: $250.