EB-2/EB-3 PERM Labor Certification

The PERM labor certification process is the foundation for EB-2 and EB-3 employment-based green cards. Our experienced immigration legal team guide employers and foreign workers through this complex multi-step process to secure permanent residency for professionals and skilled workers.

What is the PERM Labor Certification Process?

The Program Electronic Review Management (PERM) labor certification is the first step in the most common employment-based green card process. It's a procedure by which U.S. employers can hire foreign workers for permanent positions while protecting job opportunities for U.S. workers.

Through the PERM process, employers must demonstrate to the Department of Labor (DOL) that:

  • There are no qualified, willing, and available U.S. workers to fill the position
  • Hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers

The PERM process leads to either an EB-2 (advanced degree professionals) or EB-3 (professionals, skilled workers, or other workers) green card, depending on the job requirements.

EB-2 vs. EB-3 Categories

EB-2: Advanced Degree Professionals

The EB-2 category is for positions that require:

  • An advanced degree (master's degree or higher) or
  • A bachelor's degree plus at least 5 years of progressive experience in the field

EB-3: Professionals, Skilled Workers, and Other Workers

The EB-3 category is divided into three subcategories:

  • Professionals: Positions requiring at least a bachelor's degree
  • Skilled Workers: Positions requiring at least 2 years of training or experience
  • Other Workers: Positions requiring less than 2 years of training or experience (unskilled labor)

The PERM Labor Certification Process

The PERM process involves several carefully sequenced steps:

1. Prevailing Wage Determination (PWD)

The employer must request a prevailing wage determination from the Department of Labor to establish the minimum wage that must be offered for the position. This ensures the foreign worker's employment won't adversely affect U.S. workers' wages.

  • The determination is based on job duties, requirements, and geographic location
  • Processing typically takes 3-6 months

2. Recruitment Process

The employer must conduct a good faith recruitment campaign to test the labor market for qualified U.S. workers, including:

  • Two Sunday newspaper advertisements in a newspaper of general circulation
  • Job order with the State Workforce Agency for 30 days
  • For professional positions (typically those requiring a bachelor's degree or higher), three additional recruitment steps from a list of specified options:
    • Job fairs
    • Employer's website
    • Job search website
    • On-campus recruiting
    • Trade or professional organizations
    • Private employment firms
    • Employee referral program with incentives
    • Campus placement offices
    • Local and ethnic newspapers
    • Radio or TV advertisements

3. Recruitment Report

After the recruitment period (typically 30-60 days), the employer must:

  • Wait 30 days after the last recruitment step before filing the PERM application
  • Prepare a recruitment report summarizing recruitment efforts
  • Document lawful job-related reasons for rejecting any U.S. applicants

4. Filing the PERM Application

The employer electronically files ETA Form 9089 with the Department of Labor, which includes:

  • Information about the employer
  • Details about the job opportunity
  • Educational and experience requirements
  • The foreign worker's qualifications
  • Recruitment efforts undertaken

6. After PERM Approval: I-140 Petition

Once the PERM is approved, the employer must file an I-140 Immigrant Petition for Alien Worker with USCIS within 180 days. This petition:

  • Confirms the employer's ability to pay the offered wage
  • Verifies the foreign worker meets all job requirements
  • Establishes the priority date that determines the worker's place in line for a visa number

7. Final Step: Adjustment of Status or Consular Processing

After I-140 approval and when a visa number becomes available, the foreign worker can:

  • Apply for adjustment of status (Form I-485) if already in the U.S., or
  • Process through a U.S. consulate abroad if outside the U.S.

Our PERM Labor Certification Services

JZ Law Group provides comprehensive legal services for the PERM labor certification process, including:

  • Strategic assessment of job requirements and foreign worker qualifications
  • Preparation and filing of prevailing wage determination requests
  • Development and implementation of compliant recruitment strategies
  • Guidance on proper U.S. worker evaluation and documentation
  • Preparation and filing of the PERM application
  • Responding to DOL audits and inquiries
  • Preparation and filing of the I-140 petition
  • Guidance through adjustment of status or consular processing
  • Alternative strategies when PERM is not viable

Benefits of Working with Our Firm for Your PERM Case

Our experienced immigration legal team provide:

  • Strategic planning to minimize risks and delays
  • Compliance with complex and changing DOL regulations
  • Preparation for potential audits from the beginning
  • Clear timelines and expectations for employers and employees
  • Alternative options if challenges arise during the process
  • Coordination of the entire green card process from PERM through final approval

Who Should Consider the PERM Process?

The PERM process is appropriate for:

  • U.S. employers committed to sponsoring foreign workers for permanent positions
  • Foreign nationals currently in temporary status (H-1B, L-1, etc.) seeking permanent residency
  • Companies looking to retain valuable foreign talent permanently
  • Professionals, managers, and skilled workers who don't qualify for higher preference categories

Why Choose JZ Law Group for Your PERM Case

Our firm has extensive experience guiding employers and foreign nationals through the complex PERM labor certification process. We understand the intricacies of DOL requirements and provide strategic guidance to navigate potential pitfalls.

We work closely with employers to develop effective recruitment strategies, prepare comprehensive PERM applications, and respond effectively to any DOL inquiries or audits. Our goal is to provide a clear path to permanent residency while ensuring compliance with all legal requirements.

Ready to discuss your PERM labor certification case?

Contact us today to schedule a consultation with one of our experienced immigration legal team.

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