What are the basic steps of the PERM process?

First, the employer obtains a prevailing-wage determination from the Department of Labor. Next, the employer conducts required recruitment to test the U.S. labor market. If no qualified U.S. worker is available, the employer files the labor-certification application (Form ETA-9089). Once certified, the employer files Form I-140 with USCIS, and the worker later applies for the green card through adjustment of status or consular processing when a visa number is available.

Who pays for the PERM process — can the employee pay?

The employer must pay the costs of the labor-certification process, including recruitment and advertising and the employer's attorney fees for preparing and filing the PERM. The employee may not pay or reimburse those employer costs. (The employee may, however, separately pay for their own independent legal representation, which is distinct from the employer's PERM costs.)

What is the difference between EB-2 and EB-3?

EB-2 is for positions requiring an advanced degree or for workers of exceptional ability; EB-3 is for skilled workers, professionals, and certain other workers.

What is the Priority Date?

Your /priority date/ is the date the PERM application is filed; it fixes your place in line for the green card, and you can obtain the green card only when your priority date is current under the Department of State Visa Bulletin for your classification (EB-2 and EB-3) and your country of birth.

How long does the PERM process take?

PERM is a multi-step process — a prevailing-wage determination, a defined period of recruitment, and then the labor-certification filing — so it typically takes many months before the employer can even file the immigrant petition. Timelines depend on Department of Labor processing, which changes over time.

After my green-card application is filed, can I change jobs?

Possibly. If your adjustment-of-status application has been pending for at least 180 days, you may be able to change to a new job in the same or a similar occupation without losing your place in line — this is known as /porting./ Speak to an attorney before changing jobs.

Labor Certification (PERM) —
EB-2 and EB-3

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EB-2 and EB-3

Basics

PERM (Program Electronic Review Management) is the labor-certification process run by the U.S. Department of Labor. For most employer-sponsored EB-2 and EB-3 green cards, the employer must first obtain a certified labor certification showing that there are no able, willing, qualified, and available U.S. workers for the position and that hiring the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

Answers to Frequently Asked Questions About This Visa Type

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Labor Certification (PERM) —EB-2 and EB-3

Basics

Answers to Frequently Asked Questions About This Visa Type

Ready to Get Started?

Labor Certification (PERM) —
EB-2 and EB-3