Miami EB-2 and EB-3 PERM Labor Certification Lawyers
What is PERM Labor Certification?
EB-2 and EB-3 green cards enable U.S. employers to sponsor foreign workers for positions requiring specific qualifications, knowledge, experience, or skills when no qualified U.S. workers are available.
The PERM labor certification is a preliminary step in the EB-2 and EB-3 application process, in which the employer defines the job offer and its minimum requirements, documents efforts to recruit US workers to demonstrate none are available to fill the position, and demonstrates that the foreign national meets the minimum requirements for the job.
Once the DOL grants the labor certification, the employer can sponsor the foreign national for a green card by filing an EB-2 or EB-3 petition.
While conceptually straightforward, the process requires close attention to technical and complex regulatory requirements:
- Applications must be filed, and specific recruitment steps must be completed in a precise order and within specific deadlines.
- Job requirements must be carefully described and justified.
- Wage offers must meet DOL standards
- Flawless drafting – missed deadlines or steps, typos, and other small technical errors can result in denials.
- Employers must comply with strict recordkeeping requirements.
This is where our experience makes all the difference. We guide employers through the process and do all the heavy lifting.
Who Qualifies for the EB-2 or EB-3 PERM process?
PERM labor certification is the foundation for most employment-based green cards, typically pursued under two preference categories: EB-2 and EB-3. The most appropriate category depends on both the position requirements and the candidate’s qualifications.
EB-2 Advanced Degree Professionals
To qualify in this category, the position must genuinely require, and the candidate must possess:
- A master’s degree or higher in a relevant field or
- A bachelor’s degree plus 5 years of progressive post-degree experience
- Common positions include Senior Software Engineers, Data Scientists, Research Engineers, and Financial Analysts
EB-2 Exceptional Ability
This category requires showing exceptional ability in the employee’s sciences, arts, or business field through at least three of:
- Academic degrees in their field
- 10+ years of full-time experience
- Professional licenses or certifications
- High salary reflecting exceptional ability
- Recognition for achievements
- Professional association memberships
- Other comparable evidence
EB-3 Professionals
For positions requiring at minimum:
- A U.S. bachelor’s degree or foreign equivalent
- No substitution of experience for the degree
- Common positions include Software Engineers, Business Analysts, and Marketing Specialists
EB-3 Skilled Workers
For positions requiring at minimum:
- Two years of training or experience
- The training or experience must be relevant to the job
- Skills must generally be obtained outside the U.S. employer
- Common positions include specialized technicians, skilled trades, and experienced administrators
Unskilled/Other Workers
For positions requiring:
- Less than two years of training or experience
- No formal education requirements
- Common positions include maintenance workers, food service workers, and laborers
Not sure which category is most appropriate? Contact De Wit Immigration Law to evaluate position requirements and candidate qualifications to determine the most appropriate PERM strategy.
Getting a Green Card Through Labor Certification
To sponsor a foreign worker to work permanently for your business as a green card holder, they must first secure labor certification through PERM.
Our attorneys guide employers through every required step:
- Prevailing Wage Request: An employer starts the PERM process by securing a prevailing wage determination from the Department of Labor. This sets the minimum salary for the position. We prepare and submit this request for you and ensure proper wage classification.
- Testing the U.S. Job Market: Employers must prove no qualified U.S. workers are available or willing to perform the job. This requires specific recruitment steps, including newspaper ads, job orders, and internal postings. We guide you through all DOL recruitment requirements.
- PERM Application: Once recruitment is complete, we help prepare and file the ETA Form 9089 application for labor certification with supporting documentation of all requirements and recruitment efforts.
- Green Card Process: Upon PERM approval, we guide employers through filing the I-140 EB-2 or EB-3 petition with USCIS, followed by helping employees obtain permanent residence through either USCIS adjustment of status in the United States or consular processing at their home-country embassy/consulate.
The process requires careful planning, thorough documentation, and strict adherence to Department of Labor requirements. Contact De Wit Immigration Law to discuss your company’s PERM needs.
Why Choose De Wit Immigration Law for PERM
When you work with De Wit Immigration Law, you gain more than just a lawyer – you gain a strategic partner committed to your immigration success.
Here’s what sets us apart:
- Deep Experience — Our team brings years of hands-on experience with PERM cases across industries. We understand not just the law but how it’s applied in the real world.
- Client-Centered Approach — We understand that behind every case file is a human story. We take time to understand your unique situation and goals, crafting strategies that align with your specific needs.
- Strategic Planning & Preparation: We take the time upfront to analyze and structure your case for success.
- Streamlined Recruitment Management: We guide employers through required recruitment steps while maintaining careful compliance, handling everything from job postings
- Strategic Filing & Follow-Through: We carefully prepare and time PERM filings to optimize outcomes, from prevailing wage through the I-140 petition and green card process.
We stay current with PERM regulations and policy changes to provide creative and successful strategies for employers. Contact us to discuss your company’s employment-based immigration needs.
Start the PERM Process Today
The PERM labor certification process requires careful attention to Department of Labor requirements and deadlines.
Our attorneys at De Wit Immigration Law guide employers through each step of PERM certification and subsequent green card sponsorship. Contact us to discuss your company’s employment-based immigration needs.
Frequently Asked Questions
The PERM process can take 18-24 months from start to finish. This includes 6-8 months for prevailing wage determination, 2-3 months for recruitment, and 12-14 months for PERM processing. Premium processing is not available for PERM, but our strategic approach helps minimize unnecessary delays.
DOL audits can occur randomly or due to specific triggers. While audits extend the processing time, we prepare each PERM case with detailed documentation and careful attention to DOL requirements. Our firm guides employers through the audit response process.
No. DOL regulations prohibit foreign workers from paying PERM costs, including recruitment and filing fees. However, you may pay for later stages of the green card process, such as the I-140 petition and adjustment of status. We’ll help structure fee arrangements to ensure compliance.
Any U.S. applicant meeting the minimum requirements must be fairly considered. We guide employers through proper applicant evaluation and documentation to demonstrate when U.S. workers are genuinely unqualified or unavailable. Carefully framing the job opportunity and its requirements and recruitment management are key.
PERM labor certifications are employer-specific. If an employee changes employers during the process, the new employer must typically start a new PERM application. However, in the later stages of the EB-2 or EB-3 process (after I-140 approval), employees may have options to maintain their priority date and continue their green card process with a new employer.
Whether you are a foreign investor or entrepreneur, a U.S. employer of any size, or an individual seeking to immigrate based on your talent or a close family relationship, we offer straightforward immigration strategies to advance your personal and professional goals.
Navigate Complex Immigration Laws Without The Headache Or Stress
The U.S. immigration process is complicated enough. We are here to help you identify clear, creative, and effective immigration solutions and guide you through every step of the process.
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I am extremely satisfied with the professional services provided by Jose and his team. Their profound knowledge of immigration law, coupled with exceptional customer service, ensured all my doubts and questions were promptly addressed. Highly recommended.