PERM labor certification is the first step in filing many employment-based petitions, including visa applications for professionals with Advanced Degrees or Exceptional Abilities (i.e. EB-2, excluding National Interest Waivers) and visa applications for professionals with a bachelor's degree, for skilled workers, and for unskilled workers (i.e. EB-3).

Immigration Categories that Require Labor Certification

If you’re a beneficiary of one of the following visas, your immigration process will first require obtaining an approved labor certification.

• EB-2: Second-Preference, Employment-Based immigration petitions, excluding NIW
• EB-3: Third-Preference, Employment-Based immigration petitions

Immigration Categories that DO NOT Require Labor Certification

If you’re a beneficiary of one of the following visas, your immigration process will not be contingent on obtaining an approved labor certification application.

• All family-based immigration petitions
• EB-1: immigration petitions for Aliens with Extraordinary Abilities, Outstanding Researchers or Professors, and Intracompany Managers or Executives
• NIW: National Interest Waivers
• EB-4: immigration petitions for Special Immigrants, including religious workers
• EB-5: immigration petitions for foreign entrepreneurs/investors
• Immigration applications for Schedule A Occupations

  -The U.S. Department of Labor (DOL) recognizes certain occupations as having an insufficient pool of U.S. workers to fill available positions. These occupations are “pre-certified” in Schedule A, which designates them as waived from the labor certification process. Despite pre-certification, the U.S. Department of Homeland Security (DHS) nonetheless requires employers to submit ETA Form 9089 for these occupations.

  -Schedule A Occupations are divided into two groups:

  1. Group 1: Physical therapists and professional nurses

  2. Group 2: Scientists, artists, and performing artist
     

Overall, PERM labor certification is an extremely complicated and time-sensitive procedure. We recommend that you consult with an experienced immigration attorney. Over the years, Zhang & Associates has successfully handled hundreds of PERM cases. If you would like to contact us, we’re available by phone at (713) 771-8433, or you can visit us at one of our eight U.S. locations. We’re also conveniently available by e-mail at info@hooyou.com. Our attorneys will use their experience, expertise, and teamwork to ensure the highest quality of service for your PERM case.

For more detailed information on PERM labor certification, including minimum requirements and USCIS policies, refer to the following links:

• PERM Labor Certification
• Who Needs a Labor Certification?
• Labor Certification Requirements
• PERM Labor Certification Services We Provide
• Our PERM Labor Certification Specialty Team
• PERM Labor Certification Application Process
• Visual Guide: Immigration through PERM Labor Certification
• Advertising and Recruitment: An In-Depth Look
• Supervised Recruitment
• Prevailing Wage Determination
• An Employer's Financial Ability
• Mergers and Acquisitions
• Factors Affecting Labor Certifications
• Audits: Causes and Procedures
• Handling Labor Certification Application Denials
• EB-2 vs. EB-3 Visas in the PERM Process
• "Special Handling" PERM Labor Certification
• What's a Priority Date?
• PERM Processing Times
• Frequently Asked Questions about PERM Labor Certifications
• Attorney's Fees and Filing Fees
• The Archives: PERM Labor Certification News
• Further Reading: PERM Labor Certification Articles and Analyses

Updated 04/14/2017