Program Electronic Review Management process (PERM) is the process for obtaining a permanent labor certification. 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. In most instances, before the U.S. employer can submit an immigration petition to USCIS, the employer must obtain a certified labor certification application from the DOL's Employment and Training Administration (ETA). 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.
- Applications filed on or after March 28, 2005, must comply with the new PERM process and adhere to the new PERM Regulation;
- There must be a bona fide, full-time permanent job opening available to U.S. workers. Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the foreign worker's qualifications. In addition, the employer shall document that the job opportunity is described without unduly restrictive job requirements, unless adequately documented as arising from business necessity.
- The employer must pay at least the prevailing wage for the occupation in the area of intended employment.
The EB2 employment based green card is for individuals who are members of the professions with advanced degrees (any degree above a baccalaureate degree or a baccalaureate degree and at least 5 years progressive experience in the professions) or who have exceptional ability in the sciences, arts, or business who will substantially benefit the United States. The combination of a baccalaureate degree with 5 years experience in the professions is deemed equivalent to a Master's degree. If a doctoral degree is required for the particular profession, the alien must possess the doctoral degree. In order to obtain permanent residency through the EB2 category (except NIW cases), the applicant must have an employer willing to sponsor him or her. The applicant does not have to be employed when the application process starts. A job offer is sufficient. As noted above, PERM is the process whereby, the US government determines whether qualified US workers can fill the open position. Once the labor certification is approved, the employer may sponsor the applicant for permanent residence.
The EB3 employment based green card is for professionals who hold a US baccalaureate degree or foreign equivalent degree that is normally required for the profession. Education and experience may not be substituted for the degree. The EB3 employment based green card is also for skilled workers and other workers who are not seasonal or temporary and require at least two years of experience or training as well as other workers are those who are capable of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the US. In order to obtain permanent residency through the EB3 category, the applicant must have an employer willing to sponsor him or her. The applicant does not have to be employed when the application process starts. A job offer is sufficient. As noted above, PERM is the process whereby, the US government determines whether qualified US workers can fill the open position. Once the labor certification is approved, the employer may sponsor the applicant for permanent residence.
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