Both the EB-2 and EB-3 green card categories for Professional and Skilled workers, respectively generally also require the pre-filing and approval of a PERM Labor Certification (with the U.S. Dept. of Labor) before an I-140 petition can be filed with USCIS.
EB-2 Green Card Category:
The EB-2 category is designed for professionals with advanced degrees or individuals with exceptional ability in the sciences, arts, or business. Here are the key points to know:
- Advanced Degree Professionals: To qualify, you must have an advanced degree (master’s or higher) or a bachelor’s degree and at least five years of progressive work experience in your field.
- Exceptional Ability: If you can demonstrate exceptional ability in your field, you may also qualify for an EB-2 green card. Exceptional ability refers to a degree of expertise significantly above what is normally encountered in the field.
- National Interest Waiver (NIW): In some cases, individuals with exceptional ability can also seek a National Interest Waiver. This waives the requirement for a job offer and labor certification, allowing you to self-petition.
- Labor Certification: In most cases, a labor certification (PERM) is required for EB-2 applicants. The employer must demonstrate that there are no qualified U.S. workers available for the position and that hiring a foreign worker will not adversely affect the wages and working conditions of U.S. workers.
EB-3 Green Card Category:
The EB-3 category is for skilled workers, professionals, and other workers. Here are the main features:
- Skilled Workers: To qualify as a skilled worker, you must have at least two years of job experience or training in your field.
- Professionals: You can qualify as a professional if you hold a U.S. bachelor’s degree (or foreign equivalent) that is required for the job.
- Other Workers: The “other workers” category includes positions that require less than two years of experience or training. Examples include unskilled laborers in industries such as agriculture or hospitality.
- Labor Certification: A labor certification (PERM) is generally required for EB-3 applicants. The employer must show that there are no qualified U.S. workers available and that hiring a foreign worker will not harm the wages and working conditions of U.S. workers.
PERM Labor Certification:
The PERM Labor Certification is a process that employers must go through to demonstrate that there is a shortage of qualified U.S. workers for a particular position. Here are some key details:
- Recruitment Efforts: The employer must actively recruit U.S. workers by conducting a series of recruitment activities, such as advertising the job, posting it internally, and conducting interviews.
- Prevailing Wage: The employer must offer a prevailing wage to the foreign worker, which is the average wage paid to similarly employed workers in the area of intended employment.
- Job Requirements: The employer must establish that the job requirements are bona fide and necessary for the position.
- ETA Form 9089: The employer must file the ETA Form 9089 with the U.S. Department of Labor (DOL), providing details of the recruitment efforts and the job requirements.
- Processing Time: The processing time for a PERM Labor Certification can vary but generally takes several months. Once approved, the employer can proceed with the EB-2 or EB-3 green card application.
It’s important to note that the information provided here is only a very broad and general overview, and specific requirements and processes may vary, especially depending on the Alien’s unique qualifications (including education, work experience and other factors), as well as the nature of the specific offer of employment by the U.S. company (sponsor). Consulting an immigration attorney or expert is absolutely essential for accurate and up-to-date information.