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EB‑3 & EB‑2 Labor Certification (PERM)
Tatiana Aristova, Esq. (Admitted in PA, NJ)
Member of American Immigration Lawyers Association (AILA)REQUEST A CONSULTATIONMost employment-based green cards in the EB-2 and EB-3 categories begin with PERM labor certification — the U.S. Department of Labor process where your employer proves there are no qualified, available U.S. workers for your position before sponsoring you. It is detailed, deadline-driven, and unforgiving of mistakes.
Tatiana S. Aristova, Esq. has guided employers and employees through the full PERM process for over 25 years — from prevailing wage determinations and recruitment through the ETA-9089, I-140, and final green card. Her MBA training helps her build a clear, defensible business case for each sponsorship.
Whether you are a professional, skilled worker, or advanced-degree holder, Ms. Aristova will manage the timelines, documentation, and audit risk so your case moves forward cleanly toward permanent residency.
Who Needs Labor Certification?
PERM labor certification is the U.S. Department of Labor's process for confirming that no qualified, willing, and available U.S. worker exists for a position before a foreign worker can be sponsored for an EB-2 or EB-3 green card. The process begins with a prevailing wage request to the Department of Labor, and the sponsoring employer must be willing and able to pay at least that prevailing wage for the role — it is the gateway step for most employment-based permanent residency cases.
EB-2 — Advanced Degree or Exceptional Ability
For positions that require an advanced degree or its equivalent, where the worker qualifies through education or exceptional ability:
- 01A U.S. master's degree or higher (or foreign equivalent) related to the role
- 02A bachelor's degree plus at least five years of progressive post-degree experience
- 03Exceptional ability in the sciences, arts, or business above that ordinarily encountered
- 04A permanent, full-time job offer from a sponsoring U.S. employer
- 05A sponsoring employer that can demonstrate the ability to pay at least the prevailing wage for the position
EB-3 — Professionals, Skilled & Other Workers
For permanent, full-time positions filled by professionals or qualified workers:
- 01Professionals holding a U.S. bachelor's degree (or foreign equivalent) required for the role
- 02Skilled workers with at least two years of training or experience
- 03Other workers performing unskilled labor that is not temporary or seasonal
- 04A permanent, full-time job offer from a sponsoring U.S. employer
- 05A sponsoring employer that is willing and able to pay at least the prevailing wage for the position
EB-2 vs. EB-3 — Which Category Fits?
Both EB-2 and EB-3 lead to a green card and both require PERM labor certification, but they are defined by the job's requirements and the worker's qualifications. Here's how they compare.
| EB-2 | EB-3 | |
|---|---|---|
| Who it's for | Advanced-degree professionals and those with exceptional ability. | Professionals, skilled workers, and other (unskilled) workers. |
| Minimum requirements | Advanced degree, or bachelor's plus 5 years progressive experience, or exceptional ability. | Bachelor's (professionals), 2+ years experience (skilled), or unskilled (other workers). |
| Labor certification | PERM required (unless using the EB-2 National Interest Waiver). | PERM labor certification required. |
| Job offer | Required (waived only with an approved NIW). | Required. |
| Visa availability | Often shorter waits than EB-3, though it varies by country of birth. | Wait times vary by country and category; 'other workers' faces the longest waits. |
| Best fit | Higher-skilled roles where the degree or experience clears the EB-2 bar. | Roles that require a bachelor's or specific experience but not an advanced degree. |
The PERM Process, Step By Step
Prevailing Wage Determination
The process starts here: we file ETA-9141 with the Department of Labor to establish the prevailing wage for the position. The sponsoring employer must be willing and able to pay at least this wage — it is the foundation the rest of the case is built on.
Recruitment & Advertising
Your employer runs the mandated recruitment (job order, print ads, and additional steps) to test the U.S. labor market within strict timing rules.
File the PERM (ETA-9089)
Once recruitment is complete and no qualified U.S. workers are found, we prepare and electronically file the PERM labor certification with DOL.
I-140 Immigrant Petition
After PERM approval, your employer files Form I-140 to establish the sponsorship and your EB-2 or EB-3 priority date.
Green Card — I-485 or Consular Processing
When a visa number is available, you adjust status with Form I-485 or complete consular processing to receive your permanent resident card.
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