PERM: EB-2 vs. EB-3 — Same Door, Different Line
PERM is the labor certification process that sits at the front of most employer-sponsored green card cases. It is not a formality, and it is not a rubber stamp. It is a genuine test: is there a qualified, able, willing, and available United States worker for this job, at the offered wage, in the place of employment? If there is, and that worker cannot lawfully be disqualified, the case ends there.
The process, in order, is this. First, the employer defines the job and its minimum requirements — the education, experience, and skills that are truly the minimum for the job. Second, the employer requests a prevailing wage determination from the Department of Labor. Third, the employer recruits as the regulations require. Fourth, if no qualified United States worker is found, the employer files the labor certification application. Only then does the immigrant petition follow.
The minimum requirements deserve emphasis, because they are where cases are most often damaged. The employer may only require qualifications the foreign worker already had before joining the employer. Training received on the job does not count toward the minimum. Requirements must be objective and job-related. A subjective wish — a particular personality, a preferred school, a vague sense of fit — cannot be used to disqualify a United States worker, and it should not be in the PERM record at all.
The prevailing wage is equally concrete. The employer must offer at least the prevailing wage for the occupation in the place of employment, as determined by the Department of Labor. The wage determination is now issued through the National Prevailing Wage Center, and the application is filed electronically through the Department's FLAG system. Old guides that describe paper filing, or wage determinations from state agencies, are out of date. An approved labor certification is also time-limited: it is valid for a limited period, not indefinitely, so timing after approval matters.
EB-2 and EB-3 are the two main employment categories that use PERM, and the difference is the job's requirements. EB-2 generally covers positions requiring an advanced degree or exceptional ability, while EB-3 covers professionals, skilled workers, and other workers. The category follows the job's minimum requirements, not the worker's credentials alone. A worker with a master's degree in a job that requires only a bachelor's degree does not turn an EB-3 job into an EB-2 job.
Recruitment is the heart of the case. Every resume must be logged, categorized, and considered. For each applicant, the record must show how the person was considered, and if not hired, the lawful, job-related reason why. That record is what the Department of Labor audits, and it is what makes the difference between a case that survives review and one that does not. A thin or sloppy recruitment file is not a technicality — it is the case.
PERM takes time, and it rewards employers who set it up properly from the start: a clean job description, honest minimum requirements, a correct wage, and a complete recruitment record. Done that way, it is a solid foundation for the petition that follows. Done hastily, it creates problems that are hard to fix later.
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General information, not legal advice. Requirements and processing change; we confirm current rules for your case.