PERM Labor Certification is the first step in filing many employment-based petitions, including immigration petitions involving professionals with Advanced Degrees or Exceptional Abilities (EB-2, excluding NIWs) and petitions for professionals with a bachelor's degree, skilled workers, and unskilled workers (EB-3).

Immigration petitions in the following categories DO require a Labor Certification:
1.Second Preference Employment-Based Immigration petitions (EB-2) excluding National Interest Waivers (NIW)
2.Third Preference Employment-Based Immigration petitions (EB-3)
Immigration petitions in the following categories do NOT require a Labor Certification:
1.All Family-Based immigration petitions
2.Aliens with Extraordinary Abilities, Outstanding Researchers/Professors, and Intra-Company Transferees for Multi-National Executives (EB-1)
3.National Interest Waivers (EB-2)
4.Special Immigrants, including religious workers (EB-4)
5.Investors (EB-5)
6.Schedule A Occupations

Certain occupations are recognized and identified by the DOL as not having sufficient U.S. workers. Such occupations are labeled “Schedule A” for labor certification purposes. These occupations are “pre-certified,” or certified in advance. Thus, they do not have to undergo the labor certification process to determine whether U.S. workers are available. An ETA form 9089 must be filled out and submitted to the Department of Homeland security for these positions even though they are “pre-certified.” Schedule A is divided into two groups:

Group I
1.Physical Therapists
2.Professional Nurses

Group II
3.Sciences or arts
4.Performing arts

PERM labor certification is an extremely complicated and time-sensitive procedure. We recommend that you consult with an experienced and responsible immigration attorney. We have successfully represented many PERM cases. If you would like to contact us, please telephone us at (713) 771-8433 or visit us at one of our six locations. You can also contact us conveniently online by emailing us at info@hooyou.com. Our attorneys will use their experience, expertise, and teamwork to ensure the highest quality of service.