EB-2 & EB-3 PERM-Based Green Cards

PERM is a labor certification process required by the U.S. Department of Labor for EB-2 and EB-3 green card applications. PERM stands for "Program Electronic Review Management" and is used to check the US labor market and ensure that the application for a green card for the foreign worker concerned does not adversely affect the US labor market.

Employers must file a PERM labor certification if they wish to apply for an EB-2 or EB-3 green card for a foreign worker. The only exception is EB-2 applications with a National Interest Waiver (NIW), which do not require PERM certification.

No. Both green card processes require a U.S. employer to sponsor the application. This means that a US employer must make you a job offer and participate in the green card process.

PERM-based green cards are open to a large number of employees:

• EB-2 Green Cards: For professionals with advanced degrees or exceptional skills in their field of work.
• EB-3 green cards: For skilled workers with at least two years of work experience, skilled workers with a bachelor's degree or equivalent, and unskilled workers for jobs requiring less than two years of training or experience.

Employers must demonstrate through the PERM process that there are no suitable, qualified or willing U.S. workers available for the position offered. This includes:

1. Job advertisements: Employers must advertise the position in various media (newspapers, job portals, radio programs, etc.) to ensure that no suitable applicants are found.
2. Application review: If there are applicants, they must be interviewed and evaluated. If they are not suitable, the employer can submit the PERM application. If applicants are qualified, the recruitment process must start over.

The PERM process takes around 24 months on average (as of November 2024). This includes:

• Prevailing Wage Request: Application for the prevailing wage level (processing time: approx. 11 months).
• PERM processing: Processing of PERM applications (processing time: approx. 439 days).

Unfortunately not. There is no way to speed up the PERM process.

The next step is for your attorney to submit your PERM application to the U.S. Department of Labor. The application must be error-free, as even small mistakes or typos can lead to a rejection.

An approved PERM application is referred to as "certified". This means that the U.S. Department of Labor has certified the recruitment process as accurate, and the employer can file Form I-140 on behalf of the employee.

In the first two quarters of 2023, the rejection rate for PERM applications was between 6.2% and 8.5%. In 2022, the rejection rate was lower at 3% to 6.5%.

Congratulations! You have completed the most difficult part of the EB-2 and EB-3 process. Now your employer can:

1. Form I-140: File a petition for foreign labor with the USCIS.
2. Form I-485: If your "Priority Date" is current, an application for adjustment of status (green card application) may also be filed.

• Assumption of costs: Employers must bear all costs of the PERM procedure, including legal and recruitment costs. This is required by law.
• Prevailing wage: The employer must pay the minimum wage set by the Department of Labor as soon as the employee begins work and receives the green card.

No, foreign workers are not allowed to pay the cost of the PERM process. However, you can offer to pay the fees for the I-140 petition and the I-485 application yourself.

Lawyers and law firms cannot help with the search. It is recommended to network and contact U.S. employers to explore possible sponsorship options. Many employers prefer to hire workers on a temporary work visa such as H-1B, L-1 or E-2 before starting the green card process.