What Is US PERM Labour Certification? The EB-2 and EB-3 Employer Sponsorship Process

Why labour certification?

Before a US employer sponsors a foreign employee for a green card, it generally must show the Department of Labor that no suitable US worker is available for the role. This is PERM Labor Certification.

The main steps

1. Define the role and prevailing wage: the employer confirms the job requirements and obtains a prevailing wage determination.
2. Recruitment: advertise as required to show no qualified US applicants.
3. File the labour certification application.
4. Once certified, the employer files the I-140 (premium processing available).
5. Apply for the green card when your priority date is current.

Which categories need it?

• EB-2 (standard)
• EB-3 skilled and unskilled

EB-2 NIW and EB-1A do not need labour certification.

Points for applicants

• The job must be permanent and full-time.
• The employer must be able to pay the offered wage.
• Changing employers before the green card generally means starting again.