At Donald Gross Law Group, we assist professionals with advanced degrees and exceptional ability in securing EB-2 PERM green cards through employer sponsorship and labor certification. From our headquarters in Washington, D.C. and international offices in Mexico City, Lisbon, and Bangkok, our experienced immigration attorneys provide strategic legal guidance for qualified professionals and their sponsoring employers navigating the complex PERM labor certification process and I-140 petition requirements for permanent residency.
Why Choose Donald Gross Law Group
- Licensed attorneys: practicing in Washington, D.C., France, and Colombia with advanced legal training from Cornell, University of Chicago Law School, GW University Law School, and the Sorbonne
- Over 30 years of combined experience: representing EB-2 PERM applicants and sponsoring employers before the Department of Labor and USCIS with extensive knowledge of labor certification requirements
- Government expertise: from prior service at the State Department and National Security Council, providing unique insight into labor market protection policies and immigration priorities
- Media recognition: by CNN, MSNBC, Fox Business News, Voice of America, and The Wall Street Journal for authoritative immigration legal analysis
- PERM specialization: deep understanding of labor certification compliance, recruitment requirements, and prevailing wage determinations across diverse industries and occupations
- Multilingual team: fluent in English, Spanish, and French, ensuring clear communication throughout the complex employer-sponsored process
- Global accessibility: offices in Washington, D.C., Mexico City, Lisbon, and Bangkok, supporting professionals and employers with international recruitment needs
Understanding EB-2 PERM Green Card Requirements
The EB-2 PERM green card category serves professionals with advanced degrees or exceptional ability who are sponsored by U.S. employers through the Permanent Labor Certification (PERM) process. This pathway requires employers to demonstrate that no qualified U.S. workers are available for the position, protecting the U.S. labor market while allowing employers to recruit essential foreign talent.
EB-2 PERM applications involve a multi-step process coordinated between the employer, the foreign professional, the Department of Labor, and USCIS. Success requires careful compliance with labor certification requirements, proper recruitment procedures, and strategic coordination between all parties throughout the lengthy process.
Essential EB-2 Classification Requirements
Before addressing PERM labor certification requirements, applicants must meet the underlying EB-2 classification criteria that establish their qualifications for this employment-based preference category.
- Advanced Degree Professionals: You must possess an advanced degree (Master’s, Ph.D., or equivalent) relevant to the position, or hold a bachelor’s degree plus five years of progressive post-baccalaureate work experience in the specialty.
- Exceptional Ability Professionals: Alternatively, you may qualify through exceptional ability in sciences, arts, or business, demonstrated through a degree of expertise significantly above the ordinary in your field.
- Professional Position Requirement: The offered position must require an advanced degree or exceptional ability, with job duties and requirements that justify the educational and experience qualifications.
- Employer Ability to Pay: The sponsoring employer must demonstrate the continuing ability to pay the offered wage from the priority date through final approval, typically shown through tax returns, audited financial statements, or other financial documentation.
The PERM Labor Certification Process
PERM labor certification is the cornerstone of most EB-2 green card applications, requiring employers to test the U.S. labor market and demonstrate that no qualified American workers are available for the specific position being offered to the foreign professional.
- Prevailing Wage Determination: The process begins with obtaining a prevailing wage determination from the Department of Labor, establishing the minimum wage that must be offered for the position based on location, job duties, and required qualifications.
- Recruitment Requirements: Employers must conduct comprehensive recruitment efforts including newspaper advertisements, job postings, and professional recruitment activities designed to reach qualified U.S. workers in the relevant labor market.
- Application Review and Audit: The Department of Labor reviews PERM applications for compliance with recruitment requirements, job requirements, and wage determinations, with some cases selected for supervised recruitment or audit.
- Labor Certification Approval: Upon successful completion of the PERM process, the Department of Labor issues an approved labor certification that serves as the foundation for the subsequent I-140 immigrant petition.
Employer Recruitment and Compliance Requirements
PERM success depends on meticulous compliance with recruitment requirements designed to ensure that qualified U.S. workers have adequate opportunity to apply for the position before it is offered to a foreign professional.
Mandatory Recruitment Steps: All PERM cases require specific recruitment activities including job order placement with the State Workforce Agency, two Sunday newspaper advertisements in the area of intended employment, and posting of the position at the employer’s workplace.
Additional Professional Recruitment: For professional positions, employers must conduct three additional recruitment efforts from a specified list including job fairs, employer websites, trade publications, professional organizations, private employment firms, employee referral programs, or campus recruitment.
Documentation and Record Keeping: Employers must maintain detailed documentation of all recruitment efforts, including copies of advertisements, job postings, applications received, and lawful reasons for rejecting any U.S. worker applicants who applied for the position.
Navigating Complex PERM Challenges
PERM applications face various challenges including prevailing wage disputes, recruitment compliance issues, job requirement justification, and audit responses that require experienced legal guidance to resolve successfully.
Prevailing Wage Issues: Challenging prevailing wage determinations that may be inappropriate for the specific position, location, or required qualifications, often requiring detailed analysis of comparable positions and market data.
Recruitment Compliance: Ensuring that all recruitment efforts meet specific regulatory requirements while effectively reaching the target labor market without creating unnecessary obstacles for qualified U.S. workers.
Job Requirement Defense: Justifying job requirements as normal for the position and necessary for the business, while avoiding requirements that are specifically tailored to the foreign worker’s background or unnecessarily restrictive.
I-140 Immigrant Petition Strategy
Following PERM approval, the employer files Form I-140 immigrant petition with USCIS, demonstrating that both the employer and the foreign professional meet all requirements for the EB-2 classification and that the labor certification remains valid.
- Employer Qualification: Demonstrating that the employer is a qualifying business entity with the ability to pay the offered wage and genuine need for the foreign professional’s services.
- Beneficiary Qualification: Establishing that the foreign professional meets the advanced degree or exceptional ability requirements and possesses the qualifications specified in the labor certification.
- Position Validity: Confirming that the offered position remains available, meets the requirements specified in the labor certification, and represents a genuine employment opportunity.
- Continuing Validity: Ensuring that all aspects of the labor certification remain accurate and that material changes haven’t occurred that would affect the petition’s validity.
Strategic Coordination and Timeline Management
EB-2 PERM cases require careful coordination between employers and foreign professionals throughout a process that typically spans 2-4 years from initial recruitment through final green card approval.
Priority Date Management: Understanding how PERM filing dates establish priority dates that determine when applicants can proceed to final green card processing, particularly important for applicants from countries with lengthy backlogs.
Status Maintenance: Ensuring that foreign professionals maintain valid nonimmigrant status throughout the lengthy process, often requiring H-1B extensions, L-1 renewals, or other status maintenance strategies.
Employment Flexibility: Managing the requirement that beneficiaries continue employment with the sponsoring employer while providing appropriate flexibility for career development and business needs.
How We Navigate Your EB-2 PERM Success
- We begin with comprehensive case evaluation assessing both employer and employee qualifications, identifying potential challenges, and developing strategic approaches tailored to the specific occupation and business circumstances
- We manage the complete PERM process including prevailing wage strategy, recruitment compliance, application preparation, and audit responses, ensuring full regulatory compliance throughout
- We coordinate I-140 petition preparation with comprehensive documentation, qualification evidence, and strategic arguments that establish eligibility and maintain consistency with the labor certification
- We provide ongoing case management throughout the multi-year process, including priority date monitoring, status maintenance guidance, and final green card processing coordination
Frequently Asked Questions About EB-2 PERM Green Cards
What is an EB-2 green card?
An EB-2 green card is an employment-based immigrant visa for foreign professionals with advanced degrees (Master’s/Ph.D. or Bachelor’s plus 5 years experience) or exceptional ability in sciences, arts, or business. It allows permanent residence in the U.S. and typically requires employer sponsorship and labor certification.
What are the eligibility categories for an EB-2 green card?
There are two main categories: (1) Advanced Degree professionals who hold degrees higher than bachelor’s or bachelor’s plus 5+ years progressive experience; (2) Exceptional Ability professionals who demonstrate significant expertise in their field above the ordinary level.
What is the PERM labor certification process?
PERM is a process where U.S. employers must test the job market to prove no qualified U.S. workers are available for the position. It involves prevailing wage determination, comprehensive recruitment, application filing, and potential audit before approval.
What is the process for applying for an EB-2 green card?
The process includes: (1) PERM labor certification filed by employer with Department of Labor; (2) I-140 immigrant petition filed with USCIS after PERM approval; (3) Final processing through adjustment of status (if in U.S.) or consular processing (if abroad).
Can I apply for an EB-2 green card without a job offer?
Generally no, EB-2 PERM requires employer sponsorship and job offer. However, exceptional cases may qualify for National Interest Waiver (NIW) which bypasses job offer and labor certification requirements for work benefiting national interests.
How long does the EB-2 PERM process take?
The complete process typically takes 2-4 years: PERM processing (8-18 months), I-140 processing (8-15 months), and final green card processing (6-24 months). Premium processing is available for I-140 petitions but not PERM applications.
What happens if my PERM application is audited?
PERM audits require submission of original recruitment documentation and proof of compliance with all requirements. Employers must respond within 30 days with required evidence. Audits can add 6-12 months to processing but most are successfully resolved with proper documentation.
Can I change employers during the EB-2 PERM process?
Generally, changing employers before I-140 approval requires starting the PERM process over with the new employer. After I-140 approval and 180+ days, you may be able to change employers in same/similar occupation under AC21 portability provisions.
What is a prevailing wage determination and why is it important?
The prevailing wage is the minimum wage the employer must offer for the position, determined by Department of Labor based on location, job duties, and requirements. It protects U.S. workers and must be maintained throughout the process.
Do I need to stay with my sponsoring employer after getting the green card?
While there’s an expectation of permanent employment, you’re not permanently bound to the employer. However, leaving immediately after approval could raise questions about petition validity, so timing and circumstances matter.
What if there are qualified U.S. workers who apply during recruitment?
Employers must consider all qualified U.S. worker applicants and can only reject them for lawful, job-related reasons documented during recruitment. The existence of qualified U.S. workers typically results in PERM denial.
Can my family members get green cards through my EB-2 petition?
Yes, your spouse and unmarried children under 21 can be included as derivative beneficiaries, allowing them to obtain permanent residency simultaneously with your approval.
What’s the difference between EB-2 PERM and EB-2 NIW?
EB-2 PERM requires employer sponsorship and labor certification proving no qualified U.S. workers available. EB-2 NIW allows self-petitioning without employer or job offer for work serving national interests. NIW is typically faster but has specific eligibility requirements.
Testimonials
“Donald Gross Law Group expertly guided our company through the complex EB-2 PERM process for our software engineer. Their attention to recruitment compliance and audit preparation was exceptional.” — Sarah Johnson, HR Director, Technology Company
“The team’s expertise in EB-2 PERM cases was invaluable throughout the multi-year process. They coordinated seamlessly between our company and the regulatory requirements.” — Dr. Miguel Rodriguez, Research Director
Schedule a Free Consultation
Whether you are in Washington, D.C., New York, San Francisco, Chicago, Mexico City, Lisbon, Bangkok, or anywhere worldwide, Donald Gross Law Group is ready to assist with your EB-2 PERM green card needs. Contact us today to schedule a free 30-minute consultation with an experienced EB-2 PERM lawyer to discuss your qualifications and explore your pathway to employer-sponsored permanent residency.