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What's Employment Based Green Card

Family based Green Card and employment based Green Card are the two most common ways of green card(permanent residence in United Statess). Other ways of getting green card include political asylum, refugee, adoption and diversity lottery.

For most employment based green card categories, the visa sponsor(employer) starts the process by filing a permanent labor certification(LC) with the Department of Labor under PERM system. The certification needs to show that no qualified US workers are available or willing to do the described job duties that the beneficiary(foreign worker) is qualified and willing to perform. The proof includes job advertisements, skill requirements, prevailing wage, foreign worker background and the employer's ability to pay.

After the labor certification(LC) is approved, the visa sponsor(employer) can file Form I-140(Immigrant Petition for Alien Worker).  If I-140 is approved, and the priority date is current, the employer can file Form I-485(Adjustment of Status).

Form I-140 and Form I-485 could be file con-currently if priority date is current. 

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PERM Labor Certification
Program Electronic Review Management (PERM) is the system used for obtaining labor certification and is the first step for certain foreign nationals in obtaining an employment-based immigrant visa (“green card”). This is also known as PERM labor certification. The employment-based preference categories that require PERM labor certification are EB-2 (other than a National Interest Waiver) and EB-3.

PERM took effect on March 28, 2005 and all labor certifications submitted after March 28, 2005 must be filed using the PERM process. Since March 28, 2005 traditional labor certification (ETA Form 750) and Reduction in Recruiting (RIR) have NO LONGER been applicable to new filings.

The Labor Certification requirement is waived for a National Interest Waiver (NIW) petition under EB-2 and is not required for any EB-1, EB-4, or EB-5 petitions. For more information about NIWs, please click here.

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