A permanent labor certification (PERM) issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. In most instances, before the U.S. employer can submit an immigration petition to the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS), the employer must obtain a certified labor certification application from the DOL. The DOL must certify to the USCIS that there are not sufficient U.S. workers able, willing, qualified, and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
- EB-2: the job that petitioner applies for must require an advanced degree and the employee must possess such a degree or its foreign equivalent (a baccalaureate or foreign equivalent degree plus 5 years of post-baccalaureate, progressive work experience in the field).
- Eb-3, there are three types:
Professionals: The beneficiary must demonstrate that you possess a U.S. baccalaureate or foreign equivalent degree, and that a baccalaureate degree is the normal requirement for entry into the occupation.
Skilled Workers: The beneficiary must be able to demonstrate that you possess at least 2 years of job experience, education, or training that meets the job requirements specified on the labor certification.
Unskilled Workers (Other Workers): The beneficiary must demonstrate the ability to perform unskilled labor (requiring less than 2 years training or experience).
The employer must be able to demonstrate an ability to pay the offered wage as of the priority date and continuing until the employee obtains lawful permanent residence status.