Understanding PERM Labor Certification for EB-2 and EB-3 Green Cards

Many foreign nationals obtain lawful permanent residence (a green card) in the United States through employment. For most applicants, the process begins with PERM labor certification, a procedure administered by the U.S. Department of Labor (DOL).

This article explains how PERM works and what employers and employees should understand before starting the employment-based green card process.

If you would like to evaluate whether an employment-based green card may be available for your situation, begin with a free immigration profile evaluation:https://www.immigrationgt.com/free-immigration-evaluation

Overview of Employment-Based Categories

Employment-based green cards are divided into preference categories. This article focuses on:

EB-2 (Second Preference)

Reserved for positions requiring advanced education or exceptional expertise.

EB-3 (Third Preference)

Reserved for:

• Skilled workers with at least two years of work experience

• Professionals holding at least a bachelor’s degree

• Other workers with less than two years of experience

Most EB-2 and EB-3 cases require PERM labor certification before the immigrant petition can be filed.

For additional information about employment-based immigration options, visit:https://www.immigrationgt.com

The PERM Labor Certification Process

Before filing the immigrant petition (Form I-140), employers must typically obtain an approved permanent labor certification from the Department of Labor.

An approved labor certification confirms that:

• The employer tested the U.S. labor market in the geographic area of intended employment and found no qualified U.S. workers willing and able to accept the position; and

• Hiring the foreign worker will not negatively affect wages or working conditions of similarly employed U.S. workers.

The PERM process is highly technical. Job duties, minimum requirements, geographic location, wage level, occupational classification, and recruitment procedures must all comply with Department of Labor regulations.

Step 1: Prevailing Wage Determination (ETA Form 9141)

The first step is filing ETA Form 9141 to request a Prevailing Wage Determination (PWD).

The prevailing wage represents the average wage paid to workers in the same occupation and geographic area. The employer must agree to pay at least this wage once permanent residence is granted.

The Department of Labor evaluates:

• Job duties

• Required education and experience

• Work location

• Occupational classification

• Wage level based on responsibility and experience

Only after the prevailing wage is issued may recruitment begin.

Step 2: Recruitment Process

The employer must conduct a good-faith recruitment effort to test the U.S. labor market.

Mandatory recruitment steps generally include:

• Internal job posting at the worksite

• Advertisements in required publications

• Additional recruitment methods for professional positions

The purpose is to determine whether qualified U.S. citizens or permanent residents are available and willing to accept the position under the stated requirements.

Step 3: Filing ETA Form 9089

After recruitment is completed and no qualified U.S. workers are identified, the employer files ETA Form 9089 (Application for Permanent Employment Certification).

This form includes:

• Details about the job opportunity

• Recruitment efforts conducted

• The beneficiary’s qualifications

• The offered wage

Approval of the labor certification allows the case to proceed to the immigration petition stage.

Filing Form I-140 and Applying for the Green Card

Once PERM is approved, the employer files Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS).

At this stage, the employer must demonstrate:

• The worker meets the education and experience requirements; and

• The employer has the financial ability to pay the offered wage starting from the priority date.

After I-140 approval, the next step depends on the applicant’s location:

• Inside the United States: Apply for Adjustment of Status by filing Form I-485 with USCIS.

• Outside the United States: Complete Consular Processing and attend an immigrant visa interview at a U.S. embassy or consulate.

  
  

Final Considerations

The PERM process is highly regulated and detail-oriented. Even minor inconsistencies in job requirements, wage determinations, recruitment documentation, or qualification

evidence may lead to audits, delays, or denials.

Employers and foreign professionals seeking strategic guidance through the PERM labor certification and employment-based green card process may schedule a consultation with Gaertner & Torres PLLC:https://www.immigrationgt.com/consultation