Navigating Labor Certification for EB-2 and EB-3 Green Cards

Labor certification is the first step for employers seeking to sponsor a foreign worker for a Green Card under the EB-2 or EB-3 visa categories. It’s designed to prove that no qualified U.S. workers are available for the role. Employers demonstrate this by advertising the position and providing evidence to the Department of Labor (DOL) that efforts to hire locally have been unsuccessful.

1. Prevailing Wage Determination. Employers must file for a prevailing wage determination with the DOL to establish the minimum salary for the position. This step typically takes 6-8 months.
2. Job Advertisement. Once the prevailing wage is determined, employers must advertise the role via specific channels, such as local newspapers or job boards, and document the results.
3. Filing for Labor Certification (PERM). If no qualified candidates are found, a PERM application is submitted to the DOL. This step ensures the job was open to U.S. workers before being offered to a foreign worker.
4. I-140 Petition. After labor certification approval, the employer files an immigrant petition (Form I-140) with U.S. Citizenship and Immigration Services (USCIS), demonstrating the company’s ability to pay the employee’s salary and the candidate’s qualifications.
5. Green Card Application. The final step involves filing an Adjustment of Status (I-485) or Consular Processing, depending on whether the worker is in the U.S. or abroad.

The EB-2 and EB-3 visa categories cater to workers with different levels of education and experience:

EB-2 Visa

• Advanced Degree: Requires a master’s degree or higher (or a bachelor’s degree with 5 years of progressive experience).
• Exceptional Ability: Demonstrates exceptional skills in the sciences, arts, or business, meeting at least 3 of 7 criteria (awards, high salary, significant contributions to the field).

Timeline: Approximately two years and 1 month.

EB-3 Visa

• Professionals: A bachelor’s degree relevant to the position is required.
• Skilled Workers: Requires at least 2 years of relevant experience or training.
• Unskilled Workers: Open to workers with less than 2 years of experience, though processing times are longer.

Timeline:

• Professionals and Skilled Workers: about 4 years and 4 months.
• Unskilled Workers: about 5 years and 3 months.

Labor certification provides significant advantages to both parties:

For Employers:

• Retain valuable employees by sponsoring them for permanent residency.
• Expand the talent pool to include highly skilled international candidates.

For Employees:

• Secure a Green Card and work authorization.
• Pursue permanent residency with flexibility in employment choices post-approval.

Inna, a dental assistant with a doctorate in dentistry, worked for a clinic in Los Angeles. The clinic required a treatment plan coordinator with a master’s degree and offered Inna the role. With the help of BIRG Law, Inna qualified for an EB-2 “Advanced Degree” visa. During her filing, she also reviewed eligibility with our immigration lawyers to ensure compliance with DOL and USCIS criteria.

Outcome: Inna received her Green Card in just over two years. Several months later, she pursued other career opportunities, underscoring the flexibility the Green Card provides.

• Employer Financial Requirements: Employers must demonstrate their ability to pay the prevailing wage.
• Employee Obligations: Sponsored employees are not required to stay with the employer after Green Card approval unless bound by contract.
• Family Members: Spouses and unmarried children under 21 can also apply as dependents.

Our expertise lies in navigating the complexities of the labor certification process. From crafting job descriptions that meet DOL standards to managing employer-employee documentation, we ensure every detail aligns with USCIS and DOL requirements. Our tailored strategies maximize success while minimizing processing times and obstacles. Read more about The BIRG Method.

Contact us today to explore how we can help you or your employees achieve permanent residency. Our team is here to support your labor certification and Green Card journey from start to finish. See also our Employment-Based Immigration page.