EB-2/EB-3 Employment Based Green Card with PERM Labor Certification
EB-2 is an employment-based, second preference immigration classification for professionals holding an advanced degree or its equivalent, or a foreign national who has exceptional ability. EB-3 is an employment-based, second preference immigration classification for skilled workers, professionals, and other workers.
The first step in applying for employment based permanent residency in the United States is to get a labor certification from the Department of Labor. Once Labor Certification is granted, the employer & the beneficiary will then file an I-140 immigrant petition and an I-485 adjustment of status petition.
In order to qualify for PERM, the employer needs to demonstrate that the position is a full-time job located in the U.S, the offered wage meets prevailing wage requirements, which means the wage must be equal to or greater than the prevailing wage for the occupation in the area of intended employment, and after the recruitment process, it is determined that no sufficient qualified, willing, and able U.S. workers are available to accept the job offer and fill the position.
To qualify for I-140, the employer must prove that it has the ability to pay and that the foreign worker beneficiary’s qualification meet the requirement set for the position.
Frequently Asked Questions
Can I self-petition for an EB-2 or EB-3 PERM-based green card?
No. For the PERM-based EB-2 and EB-3 categories, the U.S. employer must file both the PERM labor certification and the Form I-140 petition. Individuals cannot self-petition under these categories.
If you wish to self-petition, you may consider the EB-1A or EB-2 National Interest Waiver (NIW) categories instead.
What is the PERM recruitment process?
The PERM process requires the employer to conduct recruitment within the U.S. labor market. This includes placing job advertisements, reviewing applications, and documenting all recruitment efforts.
If no willing, qualified, and able U.S. workers are found for the position, the employer may then file Form ETA 9089 to apply for PERM labor certification.
What is the visa bulletin?
The U.S. Department of State updates the Visa Bulletin on a monthly basis. When the date shown in the “Final Action Dates” chart is on or after an applicant’s Priority Date, a visa number is considered available, and the applicant may proceed with filing Form I-485 (Adjustment of Status) or apply for an immigrant visa. If the number of applicants for a visa category is lower than the annual quota, U.S. Citizenship and Immigration Services (USCIS) may allow applicants to use the “Dates for Filing” chart. This permits earlier submission of Form I-485 to begin preliminary processing. It is essential to check each month’s USCIS bulletin to confirm which chart—Final Action Dates or Dates for Filing—is being used for that period.
For more information, visit: www.uscis.gov/visabulletininfo
Do I still need H-1B after I-140 is approved?
Yes. Approval of Form I-140 does not automatically change an applicant’s nonimmigrant status. If the applicant remains in the United States and continues working for the sponsoring employer before obtaining a green card, they must maintain a valid nonimmigrant status—typically the same status held prior to filing the I-140 (such as H-1B or L-1). For those in H-1B status approaching the six-year maximum limit, once the I-140 is approved and the priority date is not yet current, they may apply for a three-year H-1B extension. This extension may be renewed multiple times until the green card is granted.
Note: An applicant is not required to work for the petitioning employer during the green card waiting period. They may remain in the U.S. under another valid nonimmigrant status or live abroad. However, in such cases, they cannot complete the green card process through adjustment of status (Form I-485) within the U.S., and must instead go through consular processing at a U.S. embassy or consulate abroad.