Generally, PERM Labor Certification is the first step in filing most employment-based petitions under EB-2 and EB-3. This includes immigration petitions involving professionals with Advanced Degrees or Exceptional Abilities (EB-2) and petitions for professionals with bachelor’s degrees, skilled workers with two years or more experience, and unskilled workers (EB-3). Only the National Interest Waiver (NIW) category under EB-2 is exempt from the requirement of a PERM Labor Certification.
Immigration petitions in the following categories do NOT require a Labor Certification:
All Family-Based immigration petitions
Aliens with Extraordinary Abilities, Outstanding Researchers/Professors, and Intra-Company Transferees for Multi-National Executives (EB-1)
