PERM Labor Certification and Employment-Based Green Cards (EB-2 & EB-3): How Congruence Law, P.C. Helps Professionals and Employers Navigate the Path to Permanent Residency

For many skilled professionals and their sponsoring employers, the employment-based (EB) green card process offers a valuable path to lawful permanent residence in the United States. Among the most common routes to this status are the EB-2 and EB-3 categories, which typically require a multi-step process beginning with PERM Labor Certification. At Congruence Law, P.C., we help both businesses and employees navigate this process with accuracy, efficiency, and long-term immigration strategy in mind.

What Is PERM Labor Certification?

PERM (Program Electronic Review Management) is the system through which the U.S. Department of Labor (DOL) certifies that:

1. There are no qualified U.S. workers ready, willing, and able to perform the offered job at the prevailing wage; and

2. The employment of the foreign worker will not adversely affect the wages and working conditions of U.S. workers.

This is the first step in most EB-2 and EB-3 green card cases. Only after the employer obtains a certified PERM application (Form ETA 9089) can they move forward with the immigrant petition (Form I-140).

EB-2 and EB-3 Overview

EB-2 (Employment-Based, Second Preference):

• For positions that require an advanced degree (master’s or higher) or a bachelor’s degree plus five years of progressive experience; or

• For individuals with exceptional ability in the sciences, arts, or business.

EB-3 (Employment-Based, Third Preference):

• For professionals (with at least a bachelor’s degree);

• Skilled workers (with at least 2 years of experience or training); or

• Other workers (for unskilled positions that require less than 2 years of training or experience).

Our Legal Support

At Congruence Law, P.C., we work with employers and employees from start to finish, ensuring that every step of the PERM and green card process is managed effectively and with full compliance:

1. Job Description and Prevailing Wage Determination

We help employers define a legally appropriate job description and obtain a Prevailing Wage Determination (PWD) from the DOL. This step sets the minimum salary required for the position and ensures consistency with industry standards.

2. Recruitment and Compliance

We guide employers through the mandatory recruitment steps, including posting job ads in required forums (e.g., state workforce agencies, Sunday newspapers, online job boards) and documenting efforts to locate qualified U.S. workers. We ensure all activities are properly timed, documented, and compliant with DOL regulations.

3. Filing the PERM Application (ETA 9089)

We prepare and submit the full PERM application, ensuring that all legal criteria and timelines are met. Given that DOL auditing is common, we organize the recruitment file to be audit-ready, even before submission.

4. I-140 Immigrant Petition

Once the PERM is approved, we file the I-140 petition with USCIS to establish the employer’s ability to pay and the employee’s qualifications. We help prepare evidence of company financials, employee degrees and experience, and appropriate labor category classification.

5. Adjustment of Status or Consular Processing (I-485 or DS-260)

If a visa number is available, we assist employees with filing Form I-485 for adjustment of status (if in the U.S.) or preparing for consular processing (if abroad).

We also help with applications for employment authorization (EAD)and advance parole (travel permit) while the green card is pending.

Common Challenges We Help Address

• Navigating visa bulletin backlogs, especially for EB-3 and nationals of oversubscribed countries

• Ensuring PERM recruitment is done without triggering audits or denial

• Responding to DOL audits or USCIS Requests for Evidence (RFEs)

• Proving qualifications through foreign degree evaluations, experience letters, and job history documentation

• Demonstrating employer ability to pay through tax returns, payroll records, and other evidence

• Managing H-1B status maintenance and travel during green card processing

At Congruence Law, P.C., we recognize that employment-based immigration is about more than a petition—it’s about planning for long-term success. Whether you’re a company investing in global talent or a professional seeking permanent status, we provide tailored, strategic support through every step of the PERM and EB green card process.

To begin the process or assess your eligibility under EB-2 or EB-3, contact us at immigration@congruence.com. We are here to help you build a future in the United States—securely, lawfully, and with clarity.