U.S. employer may seek to employ qualified individuals who seek to immigrate to the United States based on job skills. Such employer may extend a job offer to a qualifying candidate and obtain an approved labor certification from the U.S. Department of Labor (DOL).
A foreign worker may be eligible for an employment-based, second preference visa category if he/she is a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability
A foreign worker may be eligible for this immigrant visa preference category if he/she a skilled worker, professional, or other worker.
Skilled workers are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature
Professionals are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions
The other workers subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.
What is PERM Labor Certificate?
Program Electronic Review Management (“PERM”) is the system used for obtaining labor certification and is the first step for certain foreign nationals in obtaining an employment-based immigrant visa (the “green card”). The employment-based preference categories that require PERM labor certification are (1) EB-2 (other than a National Interest Waiver) and (2) EB-3.
The PERM process requires the petitioning employer to conduct a series of recruitment activities to test the labor market before filing the application. If sufficiently abled, qualified and willing applicants (i.e. U.S. citizens or Permanent Residents) do not find a position through the recruitment process, the employer can submit a PERM labor certification application. After the labor certification is approved by the U.S. Department of Labor (“DOL”), the employer should timely file the EB-2 or EB-3 I-140 visa petition for the alien worker.
Overall, PERM labor certification is an extremely complicated and time-sensitive procedure. We recommend that you consult with an experienced immigration attorney. Our lawyers have successfully handled hundreds of PERM cases.