EB-2 / EB-3 PERM Immigration Attorney

The EB-2 and EB-3 green card categories allow U.S. employers to sponsor foreign nationals for permanent residence based on their professional skills, education, or work experience. A key step in this process is the PERM Labor Certification. 

PERM is a U.S. labor market test to determine if there are any qualified, available U.S. applicants for the position before an employer may sponsor a foreign national. 

EB Categories 

• EB-2, Advanced degree or exceptional ability: Position requires a Master’s degree or higher, or a Bachelor’s degree plus 5+ years of experience. Exceptional ability may also qualify if the applicant can demonstrate expertise significantly above that ordinarily found in the field. 
• EB-3, Professionals: Occupation that requires at least a bachelor’s degree. 
• EB-3, Skilled Workers: Occupation that requires 2+ years of relevant training or work experience. 
• EB-3, Other Workers: Occupation that requires less than 2 years of experience or training. 

Process Overview 

• Step 1: Prevailing Wage Determination (PWD) 
• We gather the job requirements for the position, then submit a prevailing wage request with the U.S. Department of Labor (DOL). This establishes the occupational code and minimum wage required for the position, based on the job duties and location. 
  
• Step 2: Recruitment 
• The employer must advertise the position and conduct a good-faith recruitment effort to determine if there are qualified U.S. workers available. Recruitment steps typically include: 
  
• Posting the job with the state workforce agency. 
• Running newspaper ads in a major Sunday edition. 
• Posting an internal notice of the job opening. 
• Additional recruitment (for professional positions), such as job fairs, online postings, or trade journals. 
  
• Step 3: Filing Form ETA 9089 (PERM Application) 
• If no qualified U.S. workers are found through the recruitment process, the employer may file Form ETA 9089 with the DOL. 
  
• Step 4: Certification and Next Steps 
• Once the PERM is certified, the employer may proceed with filing the immigrant petition (Form I-140) on behalf of the foreign worker. The worker may then apply for adjustment of status (Form I-485) if a visa number is available. 

Prevailing wage and recruitment steps often take several months to complete, and once the PERM application is filed, DOL processing backlogs may extend the timeline further. Please allow about 2 years to get through the PERM process. 

At Altitude Visas, we guide employers and foreign nationals through each stage of the PERM and green card process, from drafting accurate job descriptions to ensuring compliance with recruitment requirements. With our experience and technology-driven case management, we make a complex process as smooth and transparent as possible. 

Contact Altitude Visas today to learn more about EB-2 and EB-3 sponsorship and how we can help your company and employees succeed.