What is the EB-2 permanent residence with Labor Certification (PERM) program?

The EB-2 (Employment-Based Second Preference) permanent residence program with Labor Certification or PERM applies to individuals with graduate degrees or exceptional aptitude in the sciences, arts, or business who have a job offer from an American employer.

EB-2 Permanent Residence for Persons with a Graduate Degree

The EB-2 program applies to people who have a job offer from an American employer for a job position that requires a graduate degree and the person must have said degree or its foreign equivalent (a bachelor’s or master’s degree or an equivalent foreign degree, plus five years of progressive work experience in the same field).

EB-2 Permanent Residence for Persons with Exceptional Abilities

Exceptional aptitude means a degree of ability markedly above that normally found in the sciences, letters, or business. The EB-2 program also applies to individuals with extraordinary abilities in the sciences, arts, or business. To show that the person has exceptional abilities, it is necessary to present evidence that demonstrates at least three of the following criteria:

• Official academic records show that you have a degree, diploma, certificate, or similar award from a college, university, school, or other educational institution related to the field in which you have an exceptional aptitude.
• Letters documenting that you have at least ten years of full-time experience in your profession.
• A permit to practice your profession or certification of your profession or occupation.
• Proof that you have received a salary or other remuneration for your services that demonstrates that you have exceptional ability.
• Membership in one or more professional associations.
• Recognition by peers, government entities, and professional or business organizations for your achievements and notable contributions to your industry or field.
• Other samples of similar eligibility may also be accepted.

Application Process

An American employer must sponsor the foreign applicant – that is, the American employer is the one who must file the petition for permanent residence with immigration. Before submitting the petition for permanent residence, it is necessary to obtain approval of the Application for Permanent Employment Certification – commonly called “PERM” – with the Department of Labor. To achieve PERM certification, the employer must advertise the job position in the area where the job opportunity is based in compliance with certain regulations. If, after carrying out this recruitment campaign, it is shown that it was not possible to identify American applicants or residents who meet the minimum requirements of the job position, then the PERM certification is obtained, and the employer can file the petition for permanent residence with immigration.