EB2/3 PERM FAQ, Cost, Fees & Document Requirement Checklist

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. 

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  

Employment-based green card sponsorship is a critical aspect of the US immigration system. It allows US employers to sponsor skilled foreign workers for permanent residency in the United States. Here are some interesting employment-based green card sponsorship statistics and facts, along with comments from US presidents over the years.

As of 2019, the US Citizenship and Immigration Services (USCIS) reported that more than one million people were waiting for employment-based green cards. The vast majority of those waiting were from India, with more than 800,000 Indian applicants in the queue. The backlog has resulted in long wait times for many applicants, with some individuals waiting for more than a decade to receive their green cards.

US presidents have spoken out on the topic of employment-based green card sponsorship over the years. In 2014, former President Barack Obama said that “we should be doing everything we can to keep and attract talented, hardworking people” to the US. He emphasized the importance of a “fair, effective, and commonsense immigration system.”

Former President Donald Trump also commented on the issue, stating that he wanted to “ensure that America’s best and brightest have the opportunity to stay here and remain a part of our country.” Trump’s administration proposed several changes to the employment-based green card sponsorship system, including a shift to a merit-based system that would prioritize high-skilled workers.

In recent years, the COVID-19 pandemic has had a significant impact on employment-based green card sponsorship. With travel restrictions and consular closures, many applicants have been unable to enter the US to complete their green card process. Additionally, the pandemic has resulted in economic uncertainty and a shift in priorities for many US employers.

In conclusion, employment-based green card sponsorship is a critical aspect of the US immigration system. The backlog of applicants waiting for green cards has resulted in long wait times for many skilled workers. US presidents have expressed varying opinions on the topic, with some emphasizing the importance of attracting talented workers to the US. The COVID-19 pandemic has had a significant impact on the employment-based green card sponsorship system, with many applicants facing delays and uncertainty. For more information on this topic, refer to news sources such as the Wall Street Journal, CNN, and Fox News, which provide detailed reporting and analysis on US immigration policies and trends.

Sources:

1. “1,000,000+ People are Waiting for a Green Card,” Forbes, https://www.forbes.com/sites/stuartanderson/2020/10/29/1000000-people-are-waiting-for-a-green-card/
2. “Remarks by President Obama on Immigration,” The White House, https://obamawhitehouse.archives.gov/the-press-office/2014/07/01/remarks-president-immigration
3. “President Trump’s Remarks on Immigration Reform,” The White House, https://www.whitehouse.gov/briefings-statements/president-trumps-remarks-immigration-reform/
4. “Green Card Applicants are Stuck in Limbo,” CNN, https://www.cnn.com/2021/01/14/us/green-card-backlog-covid-19-trnd/index.html
5. “How Covid-19 is Disrupting Employment-Based Green Cards,” Wall Street Journal, https://www.wsj.com/articles/how-covid-19-is-disrupting-employment-based-green-cards-11605379002

The process of applying for an employment-based green card sponsorship can be complex and time-consuming. If you’re an employer or employee seeking a green card through a job offer, hiring an immigration lawyer can make a significant difference in your case’s success. Here’s why you should consider hiring a law firm and PERM Labor Certification attorney to help you prepare your employment-based green card sponsorship case.

1. Expertise and Knowledge

Immigration laws are complicated and constantly changing. Hiring a law firm with experienced and knowledgeable PERM Labor Certification attorneys ensures that your case is in the hands of someone who knows the intricacies of the US immigration system. They can guide you through the process and provide you with invaluable advice and support.

2. Accurate and Complete Documentation

Immigration lawyers know the exact documents and evidence that the US Citizenship and Immigration Services (USCIS) requires for an employment-based green card sponsorship application. They can help you prepare your application to ensure that all the required documents are accurate, complete, and submitted within the required deadlines. This minimizes the risk of your application being rejected or delayed.

3. Avoiding Mistakes

One mistake in your application can result in a significant delay in the processing of your green card application or even lead to a denial. An immigration lawyer can help you avoid these mistakes by reviewing your application thoroughly and identifying any potential issues. They can provide you with the necessary guidance and support to address any concerns and ensure a smooth and successful application process.

4. Increased Chances of Approval

Hiring an immigration lawyer to prepare your employment-based green card sponsorship case can significantly increase your chances of approval. They can ensure that your application stands out and meets all the requirements for a successful green card application.

In conclusion, hiring an immigration lawyer for your employment-based green card sponsorship case can make a significant difference in the success of your application. They can provide you with expertise, knowledge, accurate and complete documentation, and help you avoid mistakes that can lead to delays or even denials. For more information on hiring an immigration lawyer for your employment-based green card sponsorship case, refer to news sources such as Law.com, which provide detailed reporting and analysis on the importance of hiring a lawyer for immigration-related matters.

Source:

1. “Why Hiring an Immigration Lawyer is Crucial for Your Business,” Law.com, https://www.law.com/2021/01/28/why-hiring-an-immigration-lawyer-is-crucial-for-your-business/

What happens when PERM is certified?

Once the PERM case is certified, the next step is filing an I-140 petition with USCIS to classify the applicant as an Immigrant Worker. Employers need to demonstrate the ability to pay the offered wage, and employees must show they have all the qualifications for the job.

How long is the PERM labor certification valid for?

After being certified by DOL, the PERM labor certification should be submitted to the USCIS Service Center with Form I-140, Immigrant Petition for Alien Worker. It is valid for 180 days and expires if not submitted to USCIS within this period.

Can I travel during PERM process?

Traveling during the PERM process is fine, but once I-485 is filed with I-140 it requires caution. Without proper permission before your trip, there’s a risk of inadvertently canceling your permanent residence application (Form I-485). Ensure you have the necessary approvals before traveling outside the United States.

What is the 365-day rule for PERM?

To qualify for an H-1B extension beyond the sixth year, the PERM or I-140 petition must be pending for at least 365 days. This allows the submission of a PERM application before the employee completes their fifth year in H-1B status. Explore more on the H-1B sixth-year limit for further details.

Can I check my PERM status online?

Regrettably, applicants cannot personally check their PERM status online while it’s pending with the DOL. Only employers or attorneys can log in to the PERM case management system at https://www.plc.doleta.gov to monitor the status of your PERM application.

Does layoff affect PERM approval?

Yes, layoffs can impact PERM approval. The PERM application relies on specific job details, including requirements, duties, work location, and salary. Layoffs causing changes to these variables may affect the ongoing PERM process.

What triggers a PERM audit?

PERM audits are typically random, with some triggered by specific patterns, like recent layoffs in a particular position and location within the last six months. Generally, there’s no specific reason why an individual PERM application faces an audit.

What if my PERM is denied?

If your PERM application is denied, file a reconsideration request with the DOL within 30 days. Provide a detailed explanation of why you think the denial was incorrect, along with supporting documentation.