EB2 and EB3 PERM & I-140: Second and Third Preference Categories

What is an EB2/EB3 PERM Labor Certification case and who Qualifies?

EB-2, the second preference category for employment based green cards, is specifically for advanced degree professionals and persons of exceptional ability in sciences, arts or business. EB-3 applies to professional, skilled and unskilled workers.

EB-2 Advanced Degree: One must generally hold a graduate-level or professional degree to be considered an advanced degree professional for EB-2. If the applicant does not have an advanced degree, it may be possible to qualify with only a bachelor’s degree if he/she has 5+ years of progressive experience.

EB-2 Persons of Exceptional Ability: To qualify as a person of exceptional ability, the applicant must meet criteria which include 10 years of experience, professional license and industry recognition.

EB-3 Professional Worker: The minimum education required as an EB-3 Professional Worker is a U.S. bachelor’s degree or its equivalent.

EB-3 Skilled Worker: Applicants in this category require a minimum of 2 years of job experience or a 2-year degree.

EB-3 Unskilled Worker: To qualify in this category, an applicant requires some training/experience but less than 2 years of higher education. This application category is challenging as it is difficult for a company to demonstrate a lack of qualified American workers.

Before such a petition may be filed, a PERM labor certification has to be filed after the employer follows specific recruitment efforts to locate a qualified US Citizen or Permanent Resident for the job.

Required Documents

Evidence of required education and the company’s ability to pay the offered wage are necessary for a complete application. Labor Certification, filed under Program Electronic Review Management (PERM) is also required and demonstrates that the company tested the U.S. job market and was unable to find a qualified worker.

Documents supporting the PERM and I-140 visa petition include but are not limited to:

  • Foreign education evaluation
  • Evidence that the position was offered to U.S. workers
  • Offered wage meets prevailing wage requirements
  • Letter of support from company
  • Past employment experience letters and resume

Interesting Fact

A PERM/I-140 applicant may not include experience they have gained through employment with the petitioning company to satisfy the job requirements set during the Labor Certification process.

Attorney Role

EB-2 and EB-3 PERM/I-140 application is a complicated and multiphasic process. Ensuring that the petitioning company has complied with all of Department of Labor requirements is essential to a successful application. Substantial experience with the PERM and I-140 process is necessary to avoid the multitude of possible mistakes associated with this category of application.

Contact Us

To discuss PERM labor certifications and EB2 or EB3 petitions and other types of employment based petitions with an experienced immigration attorney from the American Visa Law Group, feel free click the contact us tab and fill out the inquiry form or call us at 510-500-1155.