EB-2/EB-3

EB-2 and EB-3 are employment-based immigrant visa categories that allow foreign professionals to apply for a U.S. green card through employer sponsorship.

What is PERM Labor Certification?

The PERM (Program Electronic Review Management) system is a labor certification process required for most employment-based green card applications under the EB-2 and EB-3 categories. It ensures that hiring a foreign worker will not negatively impact the U.S. labor market by requiring U.S. employers to test the job market before sponsoring a foreign worker for a green card.

PERM is typically the first step for employment-based immigration under EB-2 and EB-3, except for National Interest Waivers (NIW), which are exempt from this requirement.

1️⃣ General Requirements (Applies to Both EB-2 & EB-3)

PERM Labor Certification approval from the Department of Labor (DOL)
A permanent, full-time job offer from a U.S. employer
Employer must prove no qualified U.S. workers are available for the position
Employer must agree to pay the prevailing wage for the job position

2️⃣ EB-2 Specific Requirements

Advanced Degree (Master’s or Higher) OR Bachelor’s + 5 Years of Progressive Experience,

OR Exceptional Ability in the Sciences, Arts, or Business

Job must require advanced knowledge and skills beyond a typical bachelor's degree
Some EB-2 applicants can qualify for National Interest Waiver (NIW), which exempts them from the PERM process

3️⃣ EB-3 Specific Requirements

Professionals – Must have a bachelor’s degree (or foreign equivalent) in a specific field
Skilled Workers – Must have at least 2 years of training or work experience
Other Workers – Jobs requiring less than 2 years of experience qualify under this category

Key Steps in PERM Labor Certification:

Job Market Testing – Employer must advertise the job in the U.S. and prove no qualified U.S. workers are available.
Prevailing Wage Determination (PWD) – Employer must obtain a wage determination from the DOL.
Filing ETA-9089 (PERM Application) – Employer submits a labor certification request to the DOL.
DOL Review & Approval – If approved, the employer can proceed with Form I-140 (Immigrant Petition for Alien Worker).

General filing fee for Form I-140:

Paper Filing fee: $715 plus additional fees, if applicable

Additional fees (pay ONLY one of the following options):

Asylum Program Fee: $600

Asylum Program Fee if filing as a Nonprofit: $0

Asylum Program Fee if filing as a Small Employer: $300

Starting on April 1, 2024, a new fee called The Asylum Program Fee is paid by employers who file either Form I-129, Form I-129CW, or Form I-140 Immigrant Petition for Alien Worker. A self-petitioner would pay the reduced Asylum Program Fee of $300 when filing Form I-140. Therefore, the filing fee for EB1A I-140 is $1015 ($715+$300).

USCIS periodically adjusts the filing fees, check with your immigration attorney for the new filing fees before you file.

At Owen Gu Law Group, P.C., we offer an exclusive VIP service for EB-2 and EB-3 applicants, providing comprehensive, high-quality legal assistance to streamline the process and maximize success. Unlike firms that rely on generic templates and limited case review, we meticulously handle each petition, conduct in-depth case analysis, and ensure every document is prepared with precision to provide the strongest possible application.

Our Exclusive VIP Service for EB-2/EB-3 Includes:

Personalized Case Strategy – Tailored legal strategy based on your qualifications.
PERM Labor Certification Process
Professional Document Preparation & Peition Filing
Expert Attorney Involvement – Direct communication with experienced attorneys throughout the process.
Priority Case Handling & Tracking – Continuous updates and rapid responses to any USCIS requests.
Post-Approval Support – Assistance with I-485 adjustment of status or Consular Processing.

Why Choose Our VIP Service?

🔹 Proven High Success Rate – Handling even the most complex cases with a 97%+ approval rate.
🔹 Concierge-Style Service – We manage everything, saving your time and effort.
🔹 Selective Case Acceptance – Focus on quality over quantity to ensure maximum attention to each client.
🔹 U.S. and China Legal Teams – 24/7 assistance across different time zones.
🔹 Free Initial Evaluation – Find out if you qualify before committing!

📩 Ready to Get Started?

Start with a Free Evaluation → [Click Here to fill out the online Evaluation Form]
Email us: evaluation@owenlawpc.com

Free Evaluation

Estimated time: 1 to 3 days

Client-Attorney Agreement

Sign the service contract and remit the initial fees.

Estimated time: 3 to 10 days

Preparation and Submission

1. Prepare supporting documents for the petition;

2. Draft tailored documents to highlight Client’s extraordinary abilities;

3. Submit I-140 petition to the USCIS.

Estimated time: 3 to 9 months (expedited service may be offered to submit within 3 months)

USCIS Review

1. Approval, or

2. Request for evidence: 1️⃣ Approval after RFE；2️⃣ Denial

Estimated time:

Regular: 4 to 20 months

Premium: 45 days

Further Processing

Wait for priority date to become current after I-140 approval, then:

1. Adjustment of status (if you are in the U.S), OR

2. Consular Processing (if you are outside the U.S.)

Estimated time: various

Green Card Issurance

You and your family members receive green cards