PERM Employment-Based Immigration

EB-2 is the second priority employment-based immigration category, and EB-3 is the third priority employment-based immigration category. Both require employer sponsorship for the green card application, and the overall process is quite similar. A U.S. employer may offer employment opportunities to qualified professionals or skilled workers and apply for labor certification (PERM) with the U.S. Department of Labor (DOL).

The EB-2 National Interest Waiver (NIW) allows qualified applicants to bypass the employer sponsorship step and apply for immigration directly on their own behalf. (Note: 👉 View more about NIW eligibility) (Modified).

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⚖ PERM-Based EB-2 vs. EB-3 Employment Green Cards

◆ EB-2 is for applicants who hold a master’s degree or a bachelor’s degree plus five years of experience; EB-3 is for professionals with at least a bachelor’s degree or an equivalent qualification.
◆EB-2 and EB-3 have different priority dates, and the specific differences depend on the applicant’s country of birth. (Modified)

➤ PERM-Based EB-2 Employment Green Card Application Requirements

If the job a foreign worker performs requires a higher degree (or a combination of education and experience equivalent to the degree) and the applicant holds a corresponding master’s degree or higher, or a bachelor’s degree plus five years of relevant experience, they may qualify for the second-preference EB-2 employment-based immigration visa.

Required proof documents (meeting one of the following):

◆ Proof of higher degree.
◆ Proof of bachelor’s degree + 5 years of relevant work experience (requires current and prior employer reference letters).

➤ PERM-Based EB-3 Employment Green Card Application Requirements

If a foreign worker is a skilled worker, professional, or other worker, they may qualify for the third-preference EB-3 employment-based immigration visa.

◆ Skilled Worker: The position requires at least two years of training or work experience and is not temporary.
◆ Professional Worker: The position requires at least a U.S. bachelor’s degree or its foreign equivalent and is a professional occupation.
◆ Other Workers: Positions that do not require two years of training or experience, and are not temporary.

Additional Note: EB-3 and EB-2 positions, under employer sponsorship, must go through the labor certification process to prove that there are no qualified U.S. workers available and that it will not adversely affect local wages and working conditions. (Modified)

⚖ Basic Process for PERM-Based EB-2/EB-3 Green Card Application

1.Job Description(Employer and lawyer clarify the job description)

2.Wage Determination(Submit prevailing wage determination application to the Department of Labor)

3.Advertising(Labor market testing and recruitment)

4.Submit PERM Labor Certification
NIW applicants can skip the PERM application step.

5.Submit I-140 Employment-Based Immigrant Petition to USCIS
If PERM is approved, the green card priority date will be based on the date the PERM application is submitted.

6.Wait for Priority Date to Become Current (Click to view priority dates on the USCIS website)
For applicants born in mainland China, both EB-2 and EB-3 require waiting for several years depending on the priority date. During this waiting period, applicants must maintain legal status.

7.Once Priority Date is Current, Submit I-485 Adjustment of Status Application
Once the priority date is current, applicants inside the U.S. can submit an I-485 adjustment of status application. If outside the U.S., applicants need to apply for an immigrant visa at a U.S. consulate abroad and will receive the green card upon entering the U.S.

⚖ Applicant's Family Members

The official fees for EB-2 and EB-3 green card applications are roughly:

⚖ EB-2/EB-3 Green Card Application Fees

The official fees for EB-2 and EB-3 green card applications are roughly:

PERM Application

The DOL does not charge a fee, but the employer needs to spend around $2,000-$5,000 on advertising costs.

I-140 Application

USCIS filing fee is $715

Asylum Program Fee: 

  • For companies with 25 or fewer employees: $300.

  • For companies with more than 25 employees: $600.

I-485 Application

If applying within the United States, Form I-485 requires a filing fee of $1,440. If the applicant also needs to apply for a work permit (Form I-765) and a travel document (Form I-131), an additional fee of $260 and $630 respectively must be paid. (Applicants may choose either U.S. domestic filing or overseas consular processing, not both.)

NVC Application (Consular Processing)

If applying for an immigrant visa at a U.S. consulate abroad, the fee is $345. (Applicants may choose either U.S. domestic filing or overseas consular processing, not both.)