EB2/EB3 Based on PERM Labor Certification

U.S. employer may seek to employ qualified individuals who seek to immigrate to the United States based on job skills. Such employer may extend a job offer to a qualifying candidate and obtain an approved labor certification from the U.S. Department of Labor (DOL).

What is Employment-Based Immigration: Second Preference EB-2?

A foreign worker may be eligible for an employment-based, second preference visa category if he/she is a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability.

What is Employment-Based Immigration: Third Preference EB-3?

A foreign worker may be eligible for this immigrant visa preference category if he/she a skilled worker, professional, or other worker.

  • 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.

What is Permanent Labor Certification?

In most instances, before the U.S. employer can submit the above EB2/EB3 immigration petition for the foreign worker, the employer must obtain a certified labor certification application from the DOL’s Employment and Training Administration (ETA). A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. 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.

An exception is made to Schedule A Occupations. Schedule A is comprised of certain occupations, as set forth at 20 CFR 656.15, for which DOL has determined there are not sufficient U.S. workers who are able, willing, qualified and available. An employer does not apply for a labor certification with DOL for Schedule A Occupations.

Additional Resources