WHO NEEDS PERM?
Many employment-based petitions, such as visa applications for professionals with advanced degrees or exceptional abilities (i.e. EB-2, excluding National Interest Waivers) and visa applications for professionals with a bachelor’s degree, skilled workers, and unskilled workers, require PERM labor certification (i.e. EB-3).
Labor Certification is Required for Certain Immigration Categories
If you are eligible for one of the following visas, you must first receive an authorized work certification before proceeding with your immigration process.
EB-2: Employment-based immigration petitions with a second preference, omitting NIW.
EB-3 petitions are for third-preference, employment-based immigration.
NO LABOR CERTIFICATION IS REQUIRED FOR THESE IMMIGRATION CATEGORIES
If you are eligible for one of the following visas, your immigration process is not contingent on obtaining a labor certification.
EB-1: immigration petitions for Aliens with Extraordinary Abilities, Outstanding Researchers or Professors, and Intracompany Managers or Executives.
NIW: National Interest Waivers EB-4: Special Immigrant Petition, including Religious Workers
EB-5 visas are for international entrepreneurs and investors.
Applications for immigration to the United States for Schedule A Occupations
Certain occupations are recognized by the United States Department of Labor (DOL) as having an insufficient pool of American employees to fill open vacancies. Schedule A designates these jobs as “pre-certified,” meaning they are exempt from the labor certification process. Regardless of pre-certification, the Department of Homeland Security (DHS) requires employers to submit ETA Form 9089 for these vocations.
Schedule A is an example of a schedule. There are two types of occupations:
Physical therapists and professional nurses are in Group 1.
Group 2 consists of scientists, artists, and performers.
Overall, PERM labor certification is a time-consuming and complicated process. We urge that you seek the advice of an expert immigration lawyer.
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