Labor Certification & Employment-Based Green Cards

MELTSER LAW GROUP helps employers, professionals, workers and investors evaluate employment-based immigration options. The right path depends on the proposed position, the applicant's qualifications, sponsorship requirements and immigration history.

Labor certification is one part of certain green card cases. Most employer-sponsored EB-2 and EB-3 cases use PERM. EB-1, EB-4 and EB-5 do not require PERM, and an approved EB-2 national interest waiver removes the job-offer and labor-certification requirements.

PERM process  |  EB-1  |  EB-2  |  EB-3  |  EB-4  |  EB-5

How PERM labor certification works

The Department of Labor evaluates whether sufficient able, willing, qualified and available U.S. workers exist for the offered position and whether hiring the foreign worker would adversely affect comparable U.S. workers' wages and working conditions. The employer, rather than the employee, files the application.

1. Define the position. Identify a permanent, full-time job, its duties, work location and actual minimum requirements.
2. Obtain a prevailing wage determination. The employer requests the applicable wage from the Department of Labor.
3. Recruit and provide notice. Complete the required recruitment and notice of filing, review applicants in good faith and document the results. Requirements vary by occupation and procedure.
4. File Form ETA-9089. Submit the labor-certification application and address any audit or other agency request.
5. File the immigrant petition. Following certification, submit Form I-140 to USCIS within the certification's 180-day validity period. USCIS separately evaluates the worker's qualifications and the employer's ability to pay the offered wage.
6. Complete the green card stage. When a visa number is available and the applicant is otherwise eligible, proceed with adjustment of status or an immigrant visa application abroad.

Labor certification alone does not grant immigration status, employment authorization or a green card. Existing status and work authorization require separate planning.

EB-1: Priority workers

EB-1 has three distinct routes:

• Extraordinary ability (EB-1A): For individuals with sustained national or international acclaim in science, arts, education, business or athletics. A qualifying applicant may self-petition and must intend to continue work in the field.
• Outstanding professors and researchers (EB-1B): For internationally recognized academics with the required teaching or research experience and a qualifying position. Employer sponsorship is required.
• Multinational executives and managers (EB-1C): For qualifying executives or managers moving between related foreign and U.S. organizations, with the required overseas employment and corporate relationship.

Process: Prepare category-specific evidence, file Form I-140, and complete the green card stage when eligible. No PERM labor certification is required. Strong credentials or a management title alone do not establish eligibility.

EB-2: Advanced degrees, exceptional ability and national interest waivers

EB-2 covers qualifying advanced-degree professionals and individuals with exceptional ability in science, arts or business. An advanced-degree equivalent may include a qualifying bachelor's degree followed by at least five years of progressive experience in the specialty. In a standard employer-sponsored case, the offered job must support the classification.

Standard process: Employer sponsorship, PERM certification, Form I-140, then adjustment of status or consular processing when eligible.

National interest waiver (NIW): A qualifying EB-2 applicant may request a waiver and self-petition. USCIS considers whether the proposed endeavor has substantial merit and national importance, whether the applicant is well positioned to advance it, and whether, on balance, waiving the job offer and labor certification would benefit the United States. Meeting EB-2 qualifications is a separate requirement; a degree or business plan alone does not establish an NIW case.

EB-3: Professionals, skilled workers and other workers

EB-3 includes professionals with qualifying bachelor's degrees, skilled workers whose positions require at least two years of training or experience, and other workers in permanent jobs requiring less than two years. Temporary and seasonal positions do not qualify for these worker routes.

Process: A U.S. employer generally completes PERM, files Form I-140 and supports the subsequent green card process. The position's requirements and the worker's documented education and experience must align.

Schedule A: Qualifying professional nurses, physical therapists and certain individuals of exceptional ability use a special labor-certification procedure. The employer submits the required labor-certification documentation directly to USCIS with the immigrant petition, rather than obtaining an individual PERM certification from DOL. Applicable wage, notice, licensing and evidentiary requirements still apply. See our Green Cards for Nurses page.

EB-4: Certain special immigrants

EB-4 covers specific statutory groups, including qualifying religious workers, special immigrant juveniles and certain other special immigrants. Eligibility, sponsorship and family-member rules depend on the particular classification. Some programs are subject to legislative renewal.

Process: Establish the applicable special-immigrant category and file the required petition, commonly Form I-360, followed by the appropriate permanent-residence process when eligible. PERM is not required. Special immigrant juvenile cases have distinct adjustment rules and do not provide derivative benefits to spouses or children.

EB-5: Immigrant investors

EB-5 is based on a qualifying investment in a U.S. commercial enterprise and creation of at least ten full-time jobs for qualifying workers. The investor must document the lawful source and path of investment funds and satisfy the applicable investment and job-creation rules.

Investment amounts: As of October 12, 2026, the statutory minimum is generally $1,050,000, or $800,000 for a qualifying targeted employment area or infrastructure project. Statutory adjustments begin January 1, 2027; confirm the amount applicable when filing.

Process: Evaluate the enterprise or regional-center project, document the investment and file the appropriate investor petition: Form I-526 for a standalone investor or Form I-526E for a regional-center investor. Eligible applicants then pursue conditional permanent residence through adjustment of status or consular processing. Form I-829 is the later petition to remove conditions. PERM and a sponsoring employer are not required.

Visa availability and the final green card stage

Petition approval does not guarantee immediate permanent residence. Priority dates, the preference category and country of chargeability affect visa availability. Applicants must also meet the applicable admissibility and adjustment or consular-processing requirements. Eligible spouses and unmarried children may qualify as derivatives in many categories, subject to category-specific and age rules.

Processing times, filing fees and visa availability change. We review the current requirements and each client's circumstances before recommending a filing strategy.

How MELTSER LAW GROUP can help

We can review potential classifications, assess the evidence, guide employers through recruitment and petition preparation, and coordinate the next steps toward permanent residence. Contact us to discuss the scope of representation, required documents and fees.

Official resources

• Department of Labor: PERM process
• Department of Labor: permanent labor certification
• Department of State: employment-based immigrant visas
• USCIS: permanent workers
• USCIS: EB-5 immigrant investors
• Department of State: Visa Bulletin

General information only; this page does not establish an attorney-client relationship or replace advice based on your circumstances. Eligibility, procedures and agency policies may change.