EB-2 and EB-3 PERM Green Card Legal Services
DeHeng Law Offices PC advises U.S. employers and foreign professionals on employer-sponsored permanent residence through the PERM labor certification process. We assist with prevailing wage requests, recruitment planning and documentation, Form ETA-9089, Form I-140, Requests for Evidence, adjustment of status, and immigrant visa processing through a U.S. consulate.
The EB-2 classification may cover professionals holding an advanced degree or its equivalent, as well as individuals of exceptional ability in the sciences, arts, or business. A U.S. bachelor’s degree or foreign equivalent followed by at least five years of progressive post-baccalaureate experience may qualify as the equivalent of an advanced degree.
The EB-3 classification includes professionals, skilled workers, and other workers. Skilled-worker positions generally require at least two years of training or experience, professional positions generally require at least a U.S. bachelor’s degree or foreign equivalent, and other-worker positions require less than two years of training or experience. The offered position and the sponsored employee must satisfy the requirements of the requested classification.
This page addresses employer-sponsored EB-2 and EB-3 cases that require PERM labor certification. EB-2 National Interest Waiver cases and certain Schedule A cases follow different procedures.
The PERM-Based Green Card Process
1. Prevailing Wage Determination
The employer requests a prevailing wage determination from the U.S. Department of Labor by submitting Form ETA-9141. The determination is based on the occupation, job requirements, work location, and other relevant factors. The wage offered for the PERM position must meet or exceed the applicable prevailing wage.
2. Recruitment
After obtaining a valid prevailing wage determination, the employer conducts the recruitment required for the occupation. The specific steps differ for professional and nonprofessional positions and may include a notice of filing, a State Workforce Agency job order, newspaper advertisements, and additional recruitment methods. The employer must consider U.S. applicants in good faith and may reject applicants only for lawful, job-related reasons.
3. PERM Labor Certification
If the recruitment process does not identify an able, willing, qualified, and available U.S. worker for the offered position, the employer may file Form ETA-9089 with the Department of Labor. An approved labor certification confirms completion of the required labor market process but does not itself grant immigration status, permanent residence, or employment authorization.
4. Form I-140 Immigrant Petition
After PERM certification, the employer files Form I-140 with USCIS during the labor certification’s 180-day validity period. The employer must establish its ability to pay the offered wage from the priority date, and the sponsored employee must have met the education, experience, licensing, and other requirements of the position by the priority date. In most PERM cases, the priority date is the date the Department of Labor received Form ETA-9089.
5. Adjustment of Status or Consular Processing
When an immigrant visa is available, an eligible sponsored employee in the United States may apply for adjustment of status by filing Form I-485 in accordance with the applicable USCIS filing chart. A sponsored employee completing the process outside the United States generally applies for an immigrant visa through the National Visa Center and a U.S. embassy or consulate.