Business Immigration

The most common route for employment-based Permanent Residence adds an initial step to the process, and that is the Labor Certification application which involves the Department of Labor.

The Labor Certification process requires that your employer test the U.S. labor market for a specific position at the company to see if a qualified, willing, and able U.S. worker is available to fill the position. If a qualified U.S. worker is not found based on vigorous Department of Labor mandated recruitment steps, the company is able to file the application with the Department of Labor (DOL). The DOL's role is to protect U.S. workers and so before approving the application, they must make sure that the requirements are appropriate for the position, that the proper wage is being paid, and that the recruitment conducted was done properly.

Historically, this was a very long process and involved both state- and federal-levels of the Department of Labor. In recently years DOL revamped the Labor Certification process and implemented the PERM (Program Electronic Review Management) Labor Certification system. PERM is an online, attestation-based system that has cut the processing time of Labor Certification applications from three-to-four years down to substantially less time, often only a few months.

It is important to remember that the PERM Labor Certification application is an application by an employer to the DOL regarding a specific permanent position with the company. We therefore work very closely with the employer to determine what the hiring requirements are at the company for the position and to create the appropriate recruitment program.

Although the employer wishes to sponsor you for Permanent Residence based on this position, it is not your background and qualifications that determine the requirements for the position. What the company's requirements are for the position will ultimately define how quickly you move through the Permanent Residence process. It is the employer's requirements that define which Employment-Based (EB) Preference Category you will be assigned as you move to the next steps in the Permanent Residence process that involve the USCIS and the Department of State.

Generally, positions that require an advanced degree (greater than a baccalaureate degree) or a bachelor's degree and five years of progressive experience will be assigned as EB-2, and positions that require a bachelor's degree will be assigned as EB-3.

The date on which the PERM Labor Certification application is filed with the DOL will become your Priority Date. The Priority Date will follow you throughout the Permanent Residence process and, along with your EB category, will become how your place in line for an Immigrant Visa number is determined.