What is Permanent Labor Certification (PERM)? 

Permanent Labor Certification (PERM) is a process used by employers in the United States to hire foreign workers for permanent employment. This certification is issued by the U.S. Department of Labor (DOL) and is a key step in the employment-based green card process. 

The purpose of the PERM certification is to ensure that hiring a foreign worker will not adversely affect the wages and working conditions of U.S. workers. To obtain a PERM, an employer must demonstrate that there are no qualified U.S. workers willing, able, and available to take the position being offered to the foreign worker. 

Here’s how the process generally works: 

• Job Advertisement: The employer must advertise the job through various channels (newspapers, job boards, etc.) to see if there are any qualified U.S. workers available. 

• Recruitment Report: After recruitment, the employer must prepare a report detailing why U.S. applicants, if any, were not hired (due to lack of qualifications, experience, etc.). 

• Prevailing Wage Determination: The employer must obtain a prevailing wage determination from the DOL to ensure the foreign worker will be paid at least the same wage that similarly employed U.S. workers earn. 

• Filing the PERM Application: Once the recruitment process is complete, the employer files ETA Form 9089 with the DOL. 

• Department of Labor Review and Approval: The DOL reviews the application, and if it finds that all requirements are met and there are no qualified U.S. workers for the job, it will approve the PERM. 

After the PERM is approved, the employer can proceed with the immigrant petition for the foreign worker, which is the next step in obtaining lawful permanent resident status (a green card). 

Applying for an EB-2 Visa 

While not the only visa category that requires a Permanent Labor Certification as part of its application process, the EB-2 is among the most common. Here’s a review of the basics of the EB-2 along with a brief description of each of its three categories.  

The EB-2 visa is an employment-based, second-preference immigrant visa for individuals who hold advanced degrees or have exceptional ability in their field. There are three primary categories under the EB-2 visa: 

Remember to always consult an immigration professional if you think either the EB-2 or the EB-2 NIW Visa might be a good option for you.   

EB-2(A): Advanced Degree Professionals 

Who it’s for: Individuals who hold an advanced degree (such as a master’s, Ph.D., or the equivalent) or a bachelor’s degree plus at least five years of progressive work experience in their field. 

Requirements: 

• The applicant must have a job offer from a U.S. employer. 

• The employer must file a PERM labor certification with the U.S. Department of Labor to show that there are no qualified U.S. workers available for the job. 

• The job must require an advanced degree or the combination of a bachelor’s degree and work experience to qualify. 

• The advanced degree must be related to the job position offered. 

EB-2(B): Exceptional Ability 

Who it’s for: Individuals who can demonstrate exceptional ability in the sciences, arts, or business. “Exceptional ability” means having a level of expertise significantly above that ordinarily encountered in the field. 

Requirements: 

• A degree, diploma, or certificate in their area of exceptional ability. 

• Letters from employers showing at least ten years of full-time experience in the occupation. 

• A professional license or certification to practice the occupation. 

• Evidence that the applicant commands a high salary for their services. 

• Membership in a professional association. 

• Recognition for achievements and significant contributions to the industry or field by peers, government entities, or professional organizations. 

• A job offer is generally required, and the employer must obtain PERM certification. However, this can be waived under certain circumstances (see below). 

EB-2(C): National Interest Waiver (NIW) 

Who it’s for: Individuals who qualify under either the Advanced Degree or Exceptional Ability categories and whose work is deemed to be in the national interest of the United States. 

Requirements: 

• The applicant must demonstrate that their work will substantially benefit the U.S. economy, culture, education, healthcare, or welfare in some way. 

• Unlike the other EB-2 categories, applicants for a National Interest Waiver do **not** need a job offer or PERM labor certification. The applicant can self-petition, meaning they can apply on their own behalf without an employer. 

To qualify for the NIW, the applicant must demonstrate: 

1. The proposed work has substantial merit and national importance.
2. The applicant is well-positioned to advance the proposed work.
3. On balance, it would benefit the U.S. to waive the job offer and labor certification requirements. 

These categories under the EB-2 visa are for those with specialized skills, education, or experience, allowing them to apply for permanent residency (a green card) in the U.S. 

The Role of a Business Plan in EB-2 Applications 

A well-written business plan for an EB-2 visa application can help demonstrate why the granting of the visa is based on the applicant’s substantial merit and how he or she helps to solve an issue of national importance, which is a key eligibility requirement. 

The plan should include industry and market analyses that highlight relevant aspects of the industry and the unique value of the proposed endeavor. This is especially important for applicants seeking the EB-2 visa. 

Ultimately, a business plan demonstrates that the applicant is well-qualified and has a solid plan for contributing to the U.S. economy or other aspects of the national interest. 

Why Joorney is the Right Choice for EB-2 Applicants 

At Joorney, we specialize in writing business plans for EB-2 visa applicants. We understand the importance of a convincing business plan that shows how the proposed business aligns with the needs of the U.S. economy.  

Here are the top reasons why Joorney Business Plans is the right choice for EB-2 visa applicants: 

• Expertise in writing business plans for EB-2 visa applicants: We write thousands of business plans yearly for this visa type and have worked with over 1,000 lawyers on these projects. This high volume of completed plans has given us vast expertise in the specific requirements of EB-2 visa applications. 

• Customized plans tailored to your specific situation and goals: We understand that every applicant’s situation and goals are unique. Therefore, we work closely with each client to create a customized plan that tells their story and maximizes their chances of success. 

• Experience in various industries and fields: Our team of writers has experience in various industries and fields, from IT & Software to the arts. This breadth of experience allows us to craft plans specific to each applicant’s industry and field of practice. 

• Attention to detail and accuracy: We understand the importance of accuracy and attention to detail in business plans for EB-2 visa applications. Our team of writers and editors thoroughly reviews each plan to ensure that it meets the specific requirements of the application process. 

If the EB-2 or some other visa category could provide a path forward for you, learn more about how business plan writing services for the full range of U.S. business immigration visas or reach out to us with any questions you might have.