Why labour certification?
Before sponsoring a foreign employee, a US employer generally must show the Department of Labor that no suitable US worker is available — PERM Labor Certification.
Main steps
| Step | Content |
|---|---|
| 1 | Define the role and obtain a prevailing wage determination |
| 2 | Recruit as required to show no qualified US applicants |
| 3 | File the labour certification |
| 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
| Category | Needs PERM? |
|---|---|
| EB-2 (standard) | Yes |
| EB-3 skilled and unskilled | Yes |
| EB-2 NIW | No |
| EB-1A | No |
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
- You must genuinely intend to work for the sponsor
Timing
Labour certification has several stages; processing follows the Department of Labor’s latest timelines, and your place-of-birth backlog affects the overall timeline.
