Employment Visa
> PERM
Labor Certification (PERM)
Some immigrant visa preferences require you to already have a full-time job offer from a sponsoring U.S. employer. For some visa categories, before the U.S. employer can submit an immigration petition to USCIS, the employer must obtain an approved labor certification from the U.S. Department of Labor (DOL). The DOL labor certification verifies the following:
- There are insufficient available, qualified, and willing U.S. workers to fill the position being offered at the prevailing wage
- Hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers
Labor certification for immigrant petitions can be obtained for a wide variety of positions and are divided into two preference categories.
- Second Preference (EB-2)
- This preference is reserved for persons who are members of the professions holding advanced degrees (or those who hold a baccalaureate degree plus 5 years progressive work experience in the field)
- Third Preference (EB-3)
- This preference is reserved for professionals, skilled workers, and other (unskilled) workers.
- “Skilled workers” are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature
- “Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions
- The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.
- This preference is reserved for professionals, skilled workers, and other (unskilled) workers.
Once the DOL approves a labor certification, the employer must file a Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate an ability to pay the offered wage as of your visa priority date. The employer may use an annual report, federal income tax return, or audited financial statement to demonstrate an ability to pay your wage.
The final step in this process is to file Form I-485, Application to Register Permanent Residence or Adjust Status.
The final step in this process is to file Form I-485, Application to Register Permanent Residence or Adjust Status.
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