While there are certainly green card options that do not require the involvement of a U.S. employer—which we’ve written about here—the most common pathway to the U.S. is unfortunately also one of the most long-winded routes.

We’ll try not to drown you in legalese here, but be aware that the PERM process we’ve described below is highly technical, and it will be important to retain legal counsel to navigate the process—which can take 2-3 years in many cases.

Understanding PERM

Most employment-based green cards require something called PERM labor certification, which involves employers testing the U.S. labor market and proving that no qualified U.S. workers are available for the position.

PERM labor certification can apply under two preference categories (EB-2 and EB-3), which we explain in more detail below.

EB-2 preference category

To qualify in this category, the position must genuinely require either an advanced degree or exceptional ability.

Advanced degree professionals need:

• A master’s degree or higher in a relevant field or
• A bachelor’s degree plus 5 years of progressive post-degree experience

To show exceptional ability, you’ll need to demonstrate that at least three of the following apply:

• An academic degree in your field
• At least 10 years of full-time experience
• Professional licenses/certifications
• A high salary
• Recognition for achievements
• Professional association memberships
• Comparable evidence

EB-3 preference category

The ‘3’ in ‘EB-3’ refers to the ‘third-preference’ employment-based green category for three types of foreign workers:

1. Skilled Workers: Individuals with 2+ years of job experience or training filling positions requiring a at least two years’ training or experience.
2. Unskilled Workers: Individuals who can fill positions needing less than two years of training or experience.
3. Professionals: Individuals with bachelor’s degrees (or foreign equivalents) in fields related to their job offer.

To qualify for an EB-3 visa, you will generally need a permanent, full-time job offer from a U.S. employer who is willing and able to incur the time and expense it takes to sponsor a foreign worker.

Your employer will also need to obtain PERM Labor Certification’ from the U.S. Department of Labor, to verify that there are not enough qualified U.S. workers for the position.

The EB-3 Visa Process

1. Obtain Prevailing Wage Determination (PWD) from the Department of Labor

The first step is getting a PWD, which establishes the minimum salary for the position.

2. Test the Job Market & Obtain PERM Labor Certification from the Department of Labor

You may have heard people talk about how difficult getting a U.S. visa is because “you have to prove you’re not taking an American’s job,” or words to that effect. This part of the process is what that really refers to. To obtain a PERM Labor Certification from the Department of Labor, your employer will have to certify that there are no qualified U.S. workers available for the position, and that your employment will not adversely affect U.S. workers’ wages or working conditions.

3. File Form I-140, Petition for Alien Worker

Once you’ve gone through the PERM process, your employer then files an I-140 with USCIS to show you meet the relevant requirements.

4. Check a Visa is Available

After USCIS approves your I-140, you then have to wait for your turn in the immigration ‘queue’. To be more technical about it, your priority date must be ‘current’ for your country of origin, which you can ascertain by looking at the monthly Visa Bulletin published by the Department of State. If you have trouble figuring out what these tables and dates all mean, it’s best to speak to a lawyer.

5. Apply for a Visa (or Adjustment of Status)

Once you’re able to apply for a visa, if you’re outside the U.S. you can go to an embassy or consulate abroad, or if you’re inside the U.S. and in valid nonimmigrant status you may be eligible to adjust status and apply for your green card without ever leaving the country.

EB-3/PERM FAQs

1. How long will it take me to get a green card through the EB-3/PERM process?

Quite some time, unfortunately. Even the first step—the PERM Labor Certification process—can take many months, or even longer, and even after your I-140 has been approved, there can be a bit of a wait for your priority date to become ‘current’ (see details above). So if this is your U.S. visa pathway, don’t start packing your bags just yet—budget at least a couple of years.

2. Can my spouse and kids come too?

Yes! Your husband/wife/unmarried children under the age of 21 can be included as derivatives.

3. Are there visa options that don’t involve such a long wait?

Nonimmigrant visa options are almost always a quicker path to the U.S. We cover many of those in other blog posts. As for green card options, you might consider the EB-1 or EB-2 NIW categories, and others that don’t require a U.S. employer or the PERM process.