EB-2 & EB-3 Employment Based Green Card and PERM Lawyer

Introduction

A software developer in Raleigh gets a job offer from a company that wants to keep her for good. The company says it will "sponsor" her. Neither side knows what that word requires, in what order, or who signs what.

That gap is where most job-based green card cases stall. The process has several agencies, several forms, and strict rules about the order of steps. A mistake early on can force the employer to start over.

This page explains how an EB-2 or EB-3 case works from the first wage request to the green card filing. It also explains what a lawyer does at each stage, so you can judge when you need one. If you are searching for an employment based green card lawyer, start here. Our general overview of work visas and employment immigration covers the wider picture.

The same help sits behind other searches. Some people type an i140 lawyer, eb-2 lawyers near me or eb3 visa lawyers. In the law's wording, EB-3 is the third preference and EB-4 is the fourth, so some use the words employment-based third preference attorney or employment-based fourth preference lawyer. Religious workers fall under EB-4, which is why a church visa attorney search points to the same area. Others look for an eb3 visa lawyer near me, an eb3 lawyer near me, an eb2 visa lawyer near me, an eb2 visa attorney near me or eb-2 attorneys near me. Because the firm helps with these cases by phone and video, near me can mean wherever you live in the United States.

What a Job-Based Green Card Lawyer Does

People type many phrases into a search box: eb visa lawyer near me, eb visa attorney near me, eb-2 lawyer near me, or eb-3 lawyer near me. They all point to the same need. Someone must plan the case, check the job against the worker's background, and file everything in the right order.

A PERM labor certification attorney usually handles the employer side. A PERM labor certification lawyer reviews the job requirements, supervises recruitment, and prepares the application the employer signs. The worker side includes proof of degrees, work history, and later the green card application.

The lawyer also checks whether the job and the worker actually fit the category. A job that requires a bachelor's degree points one way. A job that requires two years on the job points another. Getting this wrong at the start is expensive to fix later.

Because the employer and worker have different roles, one firm often explains both sides in a joint meeting. William J. Vásquez reviews the case plan so each party understands its own tasks and deadlines.

EB-2 or EB-3: Which Category Fits

Job-based green cards are grouped into preference categories. EB-2 and EB-3 are the two that most often use a PERM labor certification. USCIS describes who fits each one on its official pages, linked below.

EB-2 is for professionals with an advanced degree or the equivalent. USCIS counts a U.S. bachelor's degree, or a foreign equivalent, plus at least five years of progressive experience in the specialty as equivalent to an advanced degree. EB-2 also covers people with exceptional ability in the sciences, arts, or business.

EB-3 has three groups. Skilled workers hold jobs that require at least two years of training or experience. Professionals hold at least a bachelor's degree for a job that requires one. Other workers hold jobs that require less than two years of training or experience.

The category depends mainly on what the job requires, not only on what the worker has. USCIS says the labor certification for a skilled worker "must require at least 2 years" of experience or training. For a professional, the certification must require at least a bachelor's degree.

A skilled worker petition is an EB-3 category. It is often the right fit for trades, technical roles, and other jobs that need training or experience but not a bachelor's degree. The job requirements decide this, so the employer's description of the role matters a great deal.

An unskilled "other worker" position is also EB-3, but it needs a permanent, full-time job offer like every job-based category. Both employer and worker should understand that the offer must be real and continuing.

The PERM Labor Certification Step by Step

PERM is the Department of Labor process that decides whether the employer can hire a foreign worker for a permanent job. A foreign labor certification attorney helps the employer move through it.

The Department of Labor explains that it decides whether there are not enough able, willing, qualified, and available U.S. workers for the job. It also looks at whether hiring the foreign worker would adversely affect the wages and working conditions of U.S. workers.

The employer files Form ETA-9089. Before filing, the employer completes recruitment under 20 C.F.R. § 656.17 or § 656.18, depending on the occupation, plus the notice of filing under 20 C.F.R. § 656.10.

For a professional occupation, the regulation names two mandatory steps. The employer places a job order with the State Workforce Agency for a period of 30 days. The employer also places print advertisements on two different Sundays in a newspaper of general circulation.

The employer then chooses three additional steps from a list. The list includes job fairs, the employer's website, other job search websites, on-campus recruiting, and radio or television advertisements. The mandatory steps must happen at least 30 days, but no more than 180 days, before filing.

In our experience, the document employers most often lack is a clear, written description of the minimum job requirements. Without it, recruitment is hard to plan and the application is hard to defend.

The employer can file the application online through the Department of Labor's FLAG system after registering with Login.gov and creating a FLAG account. Mailing is also allowed. If the Department of Labor certifies the application, the employer has 180 days to submit it with Form I-140 to USCIS.

Prevailing Wage Determination

Before the PERM application, the employer must get a prevailing wage determination. The Department of Labor's recruitment guidance lists this as a step that comes before filing. The regulation at 20 C.F.R. § 656.40(a) says the employer must request it from the National Processing Center "on a form or in a manner prescribed by OFLC."

A prevailing wage determination attorney helps because the wage depends on how the job is described. The duties, the education required, and the location all affect the request. Describe the job one way and the wage may differ from the wage for the same job described another way.

The same rule also sets a floor. The wage the employer provides cannot be lower than the highest wage required by any applicable federal, state, or local law. The employer should plan the offered salary with that in mind.

Think of the wage request as the foundation. The job description in the wage request, the recruitment, and the final application should all match. A mismatch is one of the easiest ways for a case to run into trouble.

After PERM: Form I-140 and the Green Card Application

An approved labor certification does not itself grant a green card. The next filing is Form I-140, Immigrant Petition for Alien Workers. The employer usually files it. USCIS notes that a petition based on an approved labor certification must be received within 180 days of certification.

The Department of Labor filing date also matters. The date the Department of Labor accepts the PERM application becomes your priority date. Your place in line depends on that date and on the Visa Bulletin. Our Visa Bulletin page and the official Department of State bulletin show whether a visa is available in your category.

From there, you choose how to finish. If you are in the United States, you may file Form I-485 to adjust status. USCIS says you can file it with the I-140, while the I-140 is pending, or after approval, as long as a visa is immediately available. If you are abroad, you would apply through consular processing instead.

While the I-485 is pending, you may apply for work authorization on Form I-765 and travel permission on Form I-131. Leaving the United States without advance parole while an I-485 is pending generally abandons the application. Ask before you travel.

A job change can matter too. USCIS says INA 204(j) may let an approved I-140 still count if the new job is in the same or a similar occupational classification and the I-485 has been pending 180 days or more. Do not assume it applies to you. Talk to a lawyer first.

For the green card stage in general, see our page on green cards. Our article on employment immigration lawyers adds more background.

Checklist: What You Need

Gather these early. Missing papers cause more delay than any form.

• Passport and any prior U.S. immigration records.
• Degree certificates and transcripts, with foreign credential evaluations if the degree is from abroad.
• Letters from past employers that describe your duties, dates, and hours.
• A written job description with the minimum education and experience the employer requires.
• The employer's legal name, address, and federal tax details.
• Proof of the offered wage and how the employer plans to pay it.
• Recruitment records: the job order, advertisements, notice of filing, and applicant résumés.
• For the green card step: birth records, passport photos, and records of how you entered the United States.
• Family details for a spouse or unmarried child under 21 who may apply as a derivative.

Timeline and Process

The order of stages matters more than the speed of any single stage. This table shows the usual path for an EB-2 or EB-3 case that needs a labor certification. Check the current USCIS processing times page for Form I-140 and Form I-485. Do not rely on old estimates.

Cost Factors

We do not list dollar figures because fees change and every case is different. The table shows what usually drives the total. Use the official USCIS fee schedule for government filing fees.

Common Mistakes to Avoid

• Writing minimum job requirements that match the worker's résumé instead of the real needs of the job.
• Starting recruitment before the prevailing wage request is in order.
• Letting recruitment steps fall outside the allowed window before filing.
• Missing the 180 day window to submit the certified application with Form I-140.
• Choosing EB-2 when the job requirements only support EB-3, or the reverse.
• Traveling abroad without advance parole while an I-485 is pending.
• Changing jobs without first asking whether the approved I-140 still supports the case.
• Assuming an online "near me" listing proves a firm can file the case. Ask who will do the work.

When to Contact Vasquez Law Firm

Call before the employer posts any job order or advertisement. Early planning is much easier than repairing a filed case. Call if the employer has a job offer but has never sponsored anyone, or if a worker is unsure which category fits.

Contact the firm if you hold a prior denial, a status gap, or a pending application and need to know how it affects your plan. Employers and workers can meet together or separately. Our bilingual staff can help in English or Spanish.

If you searched for a labor certification lawyer near me, note that we meet clients by phone or video across the country as well as in North Carolina.

About Vasquez Law Firm

Attorney William J. Vásquez leads the firm's immigration work. The firm has offices at 4426 Louisburg Road, Suite 206, Raleigh, NC 27616 and 612 South Brightleaf Boulevard, Smithfield, NC 27577. Immigration help is also available nationwide by phone and video.

Call 1-844-967-3536 to schedule. Consultations are in English and Spanish. A free consultation is available when the case qualifies. You can also read about the firm's immigration practice.

Frequently Asked Questions

Sources and References

• U.S. Department of Labor, Permanent Labor Certification
• Department of Labor FLAG, PERM program
• 20 C.F.R. § 656.17, Basic labor certification process
• 20 C.F.R. § 656.40, Determination of prevailing wage
• USCIS, Employment-Based Immigration: Second Preference EB-2
• USCIS, Employment-Based Immigration: Third Preference EB-3
• USCIS, Green Card for Employment-Based Immigrants
• USCIS, Form I-140
• USCIS, Form I-485
• Department of State, Visa Bulletin

Other ways people search for this

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