PERM-Based Employer Sponsored Green Card

Introduction

The PERM Labor Certification process is the foundation of many employment-based green card cases under the EB-2 and EB-3 visa categories. If you have a permanent job offer from a U.S. employer, the PERM process may be your pathway to lawful permanent residency in the United States.

Unlike self-petition categories such as NIW or EB-1A, the EB-2 and EB-3 visas typically require employer sponsorship and approval of a PERM labor certification from the U.S. Department of Labor (DOL). This process ensures that hiring a foreign worker will not negatively impact U.S. workers and that the offered wage meets federal standards.
The PERM green card process is highly regulated and detail-oriented. Strict recruitment rules, prevailing wage requirements, and compliance standards must be followed carefully. With the right legal strategy and guidance, however, the EB-2 or EB-3 employment-based green card can provide long-term stability and opportunity in the United States.

At Zhang-Louie PLLC, we assist both employers and foreign professionals in navigating the PERM labor certification and employment-based immigration process from start to finish.  Contact us today to start your PERM green card process.

Why Choose the EB-2 or EB-3 Visa Through PERM?

The EB-2 and EB-3 visas are two of the most common pathways to obtaining a green card through employer sponsorship.

Here’s why these employment-based green card options may be right for you:
  • Right to vote in U.S. elections
  • Ability to apply for a U.S. passport
  • Eligibility for federal jobs and benefits
  • Protection from deportation

Who is Eligible for Naturalization?

To apply for naturalization, you must meet certain eligibility requirements, including:

General Requirements:
  • Direct Path to Permanent Residency: Both EB-2 and EB-3 visas lead to U.S. lawful permanent residence (a green card).
  • Employer-Sponsored Immigration: If you have a permanent, full-time job offer from a U.S. employer, the PERM labor certification allows your employer to sponsor you.
  • Green Cards for Family Members: Your spouse and unmarried children under 21 may obtain permanent residence with you.
  • Long-Term Immigration Security: Unlike temporary visas such as H-1B, the EB-2 and EB-3 immigrant visas are designed for permanent residence.

EB-2 Category (Advanced Degree or Exceptional Ability):

  • Positions requiring at least a U.S. master’s degree or higher (or a bachelor’s degree plus five years of progressive experience).
  • Individuals with exceptional ability in sciences, arts, or business (when not applying under NIW).

EB-3 Category (Skilled Workers, Professionals, and Other Workers):

  • Skilled Workers (minimum 2 years of training or experience).
  • Professionals (minimum bachelor’s degree).
  • Other Workers (less than 2 years of experience).

For many foreign nationals working in the U.S. or abroad, the PERM labor certification process is a structured and reliable way to obtain an employment-based green card.

Who Qualifies for PERM Labor Certification (EB-2 and EB-3)?

To qualify for an EB-2 or EB-3 green card through PERM labor certification, several requirements must be met by both the employer and the foreign worker.

General Eligibility Requirements:
  • Permanent, Full-Time Job Offer: The U.S. employer must offer a permanent (not temporary or seasonal) position.
  • Prevailing Wage Compliance: The employer must agree to pay at least the prevailing wage determined by the U.S. Department of Labor for the specific role and location.
  • Labor Market Test: Through the PERM labor certification process, the employer must demonstrate that there are no qualified, willing, and able U.S. workers available for the position.
  • Minimum Qualifications Met Before Filing: The foreign worker must meet all education, training, and experience requirements listed in the PERM application before the filing date.

Additional EB-2 Requirements:

  • Advanced degree (or bachelor’s plus five years of progressive experience), OR
  • Exceptional ability in the sciences, arts, or business.

Additional EB-3 Requirements:

  • At least two years of experience (Skilled Worker), OR
  • A bachelor’s degree (Professional), OR
  • Ability to perform unskilled labor requiring less than two years of training (Other Worker).

Our Step-by-Step PERM and Employment-Based Green Card Process

Here’s what the EB-2 or EB-3 PERM process typically involves:
  • Initial Consultation and Position Review

    We evaluate the job description, minimum requirements, and worker qualifications to confirm eligibility.

  • Prevailing Wage Determination (PWD)

    We file for a prevailing wage determination with the Department of Labor to establish the minimum salary requirement.

  • Recruitment Process

    The employer conducts required recruitment efforts to test the U.S. labor market, including:

    • State workforce agency job order

    • Two Sunday newspaper advertisements

    • Additional recruitment steps for professional roles

    We guide and monitor every step to ensure compliance.
  • Filing ETA Form 9089 (PERM Application)

    After successful recruitment, we file the PERM labor certification application with the Department of Labor.

  • PERM Approval or Audit Response

    If selected for audit, we prepare and submit all required documentation. If approved, we move to the next step.

  • Adjustment of Status or Consular Processing

    Once a visa number becomes available, the foreign worker applies for a green card through adjustment of status (if in the U.S.) or consular processing (if abroad).

  • Filing Form I-140 (Immigrant Petition for Alien Worker)

    The employer files Form I-140 with USCIS to classify the worker under EB-2 or EB-3.

Each step must be completed precisely to avoid costly delays.

Common Challenges in PERM Labor Certification Cases

The PERM labor certification process is highly regulated. Common challenges include:

  • Recruitment Timing Errors: Missing strict recruitment deadlines can result in denial.
  • Job Requirements Scrutiny: The Department of Labor may question whether the requirements are tailored to the foreign worker.
  • Prevailing Wage Issues: Higher-than-expected wage determinations may impact employer decisions.
  • Audit Selection: Some cases are randomly selected for audit, requiring detailed proof of recruitment efforts.
  • Visa Bulletin Backlogs: Processing times may vary depending on the applicant’s country of birth and visa availability.

At Zhang-Louie PLLC, we proactively identify potential risks and structure each case to reduce exposure to audits and compliance issues.

FAQs About PERM Labor Certification, EB-2, and EB-3

PERM labor certification is a process through the U.S. Department of Labor that allows a U.S. employer to sponsor a foreign worker for an employment-based green card.

EB-2 generally requires an advanced degree or exceptional ability, while EB-3 applies to skilled workers, professionals, and other workers with varying experience requirements.

Processing times vary depending on prevailing wage determinations, recruitment timelines, Department of Labor processing, and visa availability.

Yes. Both EB-2 and EB-3 through PERM require a U.S. employer to sponsor the foreign worker.

Yes. Your spouse and unmarried children under 21 may apply for permanent residence as derivative beneficiaries.

After PERM approval, the employer files Form I-140. Once a visa number is available, the worker may apply for adjustment of status or consular processing.

If you have more questions or are ready to start your journey,
Contact Zhang-Louie PLLC today for expert guidance.

Conclusion: Begin Your Employment-Based Green Card Journey with Confidence

The PERM labor certification process under EB-2 and EB-3 provides a structured and powerful pathway to lawful permanent residence through employer sponsorship.

Although the process is detailed and compliance-driven, with the right legal guidance, it can lead to long-term security and opportunity in the United States.

At Zhang-Louie PLLC, we work closely with employers and foreign professionals to ensure every stage of the PERM and employment-based green card process is handled with precision, strategy, and care.

Don’t wait to take the next step

Contact Zhang-Louie PLLC today to schedule a consultation and begin your PERM labor certification journey with confidence.

Contact a Business Immigration Lawyer in Boston .

Zhang-Louie PLLC provides expert support in business immigration, self-petitions, and employment-based visas, including the NIW EB1A process, E-2 visas, and green card strategies for entrepreneurs, physicians, and other high-achieving professionals.

If you’re pursuing citizenship, permanent residency, or a work visa, our experienced team is here to guide you. Whether you’re just starting or navigating a complex case, we’ll help you take the next step with confidence.

Schedule your consultation today and let’s build your future—together.
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