Elementa Law

Catalog · Green Cards & Immigration

PERM Labor Certification (EB-2 / EB-3)

Employment-based permanent residence through PERM labor certification.

About this visa

PERM labor certification is a Department of Labor process used for many employer-sponsored EB-2 and EB-3 permanent-residence cases. It is not itself a visa or a grant of immigration status. The employer generally must obtain a prevailing-wage determination and conduct the required recruitment before submitting the application.

The process evaluates whether qualified, willing, able and available U.S. workers exist for the position, and whether the proposed employment would adversely affect wages and working conditions. Job requirements, recruitment and recordkeeping must be handled carefully. Employer payment obligations apply to the labor-certification process, and a certified PERM application is followed by separate immigration stages.

What's included

  • ◆Attorney review of the position and minimum requirements.
  • ◆Prevailing-wage request preparation.
  • ◆Recruitment plan and required notice guidance.
  • ◆Legal review of recruitment documentation and employer records.
  • ◆Labor-certification application preparation and filing.
  • ◆Guidance on record retention and tracking of the filed application.

The path

1 · Define
Define the genuine job requirements and assess the employer-sponsored route.
2 · Build
Coordinate prevailing-wage and recruitment steps with the employer.
3 · File & track
File the labor-certification application and track Department of Labor review.

Timing and features

Prevailing wage, recruitment and Department of Labor review are separate stages; an audit can extend the process.