Labor Certification, also known as Program Electronic Review Management (PERM), is a critical step in the employment-based green card process for EB-2 (Employment-Based Second Preference) and EB-3 (Employment-Based Third Preference) categories. It is a process through which the U.S. Department of Labor (DOL) certifies that no qualified U.S. workers are available to fill a specific job position offered to a foreign national and that employing the foreign national will not adversely impact the wages or working conditions of U.S. workers.

For EB-2 and EB-3 applications, the labor certification is required. The sponsoring employer must demonstrate that it conducted a genuine recruitment process to hire U.S. workers but was unable to find a suitable candidate for the position. This involves advertising the job, interviewing candidates (if applicable), and documenting the recruitment efforts. Once the DOL approves the PERM labor certification, the employer can proceed to file an immigrant petition (Form I-140) with the U.S. Citizenship and Immigration Services (USCIS) to sponsor the foreign worker for permanent residency.

While both EB-2 and EB-3 require labor certification, they differ in eligibility criteria. EB-2 is designed for positions requiring an advanced degree or exceptional ability, while EB-3 applies to skilled workers, professionals, and unskilled workers. Successfully navigating the labor certification process is essential for obtaining a green card through either category, and our firm is here to guide employers and foreign nationals through every step of this complex process.