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EB-2 & EB-3   arrow

There are two employment-based preference categories that require PERM labor certification:

  • EB-2—Employment-Based Second Category (other than a National Interest Waiver):
    • A member of the professions holding an advanced degree or its equivalent, or
    • a foreign national who has exceptional ability
  • EB-3—Employment-Based Third Category
    • “Professionals” : persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions
    •  “Skilled workers”: persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature
    • The “other workers”: persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

General Requirements of the PERM-Based Immigration Program:

To qualify for a PERM Labor Certification, the following requirements must be met:

  • Applications must comply with the procedural requirements of  PERM regulations;
  • There must be a bona fide, full-time permanent job opening available to U.S. workers;
  • The job requirements must be normal for the occupation in the United States unless justified by business necessity, and cannot be tailored to the foreign worker’s qualifications;
  • The employer must pay at least the prevailing wage for the occupation in the area of intended employment;
  • There are no sufficient U.S. workers able, willing, qualified to accept the job offer;
  • Employment of the foreign worker will not adversely affect the wages and working conditions of U.S. workers.

Our Services Provided:

Our professional team will evaluate the job offer, and foreign professionals’ credentials to determine whether PERM is a feasible option, effectively communicate between the employer and the employee, and guide the employer through the whole process. We will help the employer prepare the necessary documents, present the case to Department of Labor (DOL) and USCIS to establish the eligibility, and make necessary follow-up with DOL and USCIS regarding the case status. Employer or foreign professional can send us the job offer description, company info and foreigner worker’s resume through email info@bianlaw.com for a free evaluation.