How to Apply for EB-3 and EB-2 PERM Applications?

By Asim Kilinc, Immigration Attorney at CK Law Firm

EB-2 and EB-3 visas are essential options for foreign workers wishing to immigrate permanently to the United States. Since these visas require employer sponsorship, obtaining a PERM Labor Certification at the beginning of the process is mandatory. The PERM process is overseen by the U.S. Department of Labor and requires the employer to prove that there are no qualified U.S. workers available for the position. This process can be complex for both employers and applicants, making it crucial to carefully follow all steps.
In this article, we will address the following topics:

• Differences Between EB-2 and EB-3 Visas
• How to File a PERM Application
• Steps After PERM Approval
• Why Is the PERM Process Important?

If you have additional questions about this topic, feel free to leave a comment below, send me a direct message via LinkedIn, or reach out through the website of CK Law Firm, the immigration law firm I co-founded!

Differences Between EB-2 and EB-3 Visas

The EB-2 visa is typically suitable for individuals with advanced degrees or those who demonstrate exceptional ability in a particular field. Applicants must have at least a master’s degree or a bachelor’s degree with 5 years of relevant work experience.

The EB-3 visa, on the other hand, caters to a broader range of qualifications. Professionals, skilled workers, and unskilled workers can apply under this category. The minimum requirement is a high school diploma or two years of work experience.

Once you determine which visa suits you best, the necessary steps for the PERM application process can begin.

How to File a PERM Application?

Defining the Job Description and Requirements

The employer must detail the requirements of the job position that will serve as the foundation of the application. These requirements include the education level, work experience, and specific skills needed. For instance, EB-2 applications generally demand advanced qualifications, while EB-3 applications require more basic criteria. The employer’s specified criteria form the basis for evaluating the eligibility of U.S. workers during the labor market test phase.

Testing the Labor Market (Recruitment Process)

A critical step in the PERM process is the labor market test, where the employer demonstrates whether a suitable U.S. citizen or green card holder is available to fill the position. During this stage:

• Job advertisements are posted in local newspapers, job boards, and professional job platforms.
• Applications received during the recruitment process are reviewed, and interviews are conducted with qualified candidates.
• If no qualified U.S. citizen can be found for the position, the employer must document this evidence to proceed with the PERM application.

Filling and Submitting ETA Form 9089

After the labor market test, the employer submits the PERM application to the Department of Labor. This application details the job requirements, labor market test results, and the applicant’s qualifications. ETA Form 9089 is the cornerstone of the application process and must be filled out accurately and completely to ensure the process proceeds smoothly. Errors or omissions can result in denial or delays in the application.

Steps After PERM Approval

Obtaining PERM certification does not conclude the process; it only allows the next stage to begin.

Filing Form I-140

After PERM approval, the employer submits the I-140 Immigrant Petition to USCIS (United States Citizenship and Immigration Services) on behalf of the applicant. In this petition, the employer must demonstrate that the applicant qualifies for the position and that the employer can pay the specified wage.

Priority Date and Waiting Time

The “priority date” is a crucial factor in EB-2 and EB-3 applications. This date, which corresponds to the submission date of the PERM application to the Department of Labor, determines how long the applicant must wait to receive a green card. The priority date is evaluated according to the Visa Bulletin published each year.

Completing the Green Card Process

When the priority date becomes current, applicants have two options:

• Adjustment of Status (Form I-485): If the applicant resides in the U.S., they can adjust their status to permanent residency (green card).
• Consular Processing: Applicants outside the U.S. can complete the green card application process through the U.S. Consulate in their home country.

Why Is the PERM Process Important?

The PERM process ensures that employers and applicants comply with U.S. labor market protection laws. Due to the complexity of the process and the sensitivity of the details involved, seeking expert legal assistance is highly recommended.

At CK Law Firm, our experienced team specializes in EB-2 and EB-3 PERM applications. From labor certification to completing the green card process, we provide comprehensive support at every step. For detailed information, contact us and take the next step toward your new life in the U.S.!
For professional assistance, detailed information, and consultancy services, reach out via our website cklawfirm.org, email us at info@cklawfirm.org, or connect with us on LinkedIn.

Who is Attorney Asım Kılınç?

Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.

Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.

Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.

Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.