Author: Jian Joe Zhou (jzhou@hooyou.com)

The PERM Labor Certification process is a crucial step for many foreign workers seeking employment in the United States. Typically, this process falls under two main categories: EB-2 and EB-3. The EB-3 category primarily caters to professionals requiring at least a bachelor’s degree but also includes skilled workers for positions requiring a minimum of two years of experience.

A Successful Approved PERM and I-140 Case

Our firm recently achieved a PERM approval for the occupation of Private Household Cook, requiring two years of experience. We subsequently filed an I-140 EB-3 application under the category of "professional with a bachelor’s degree or skilled worker with at least two years of experience." USCIS approved this application in just 10 days under premium processing. Currently, the beneficiary is awaiting a visa number, as the EB-3 category is experiencing a worldwide retrogression of approximately two years. (The beneficiary was born in a country without per-country-specific visa retrogression.)

While most regular cooks might not qualify as skilled workers under EB-3 due to job duties requiring less than two years of experience, private household cooks stand out. The Department of Labor (DOL) recognizes the two-year experience requirement for private household cooks as reasonable, allowing these positions to qualify for the EB-3 skilled worker category under the PERM Labor Certification process.

Why Private Household Cooks?

Private household cooks differ from standard cooking professions due to the specialized nature of their work. These cooks prepare customized meals tailored to the unique needs and preferences of families or individuals in private settings. Their responsibilities often include accommodating dietary restrictions, crafting personalized menus, and delivering a high standard of culinary service.

In our approved case, the private household cook was required to specialize in preparing Chinese cuisine. Such specializations elevate the role above typical restaurant or institutional cooking jobs, justifying its classification as a skilled position under DOL guidelines. According to the DOL’s O*Net system, the occupation of Private Household Cook carries a Job Zone 3 classification, corresponding to a Specific Vocational Preparation (SVP) Index between 6 and 7. This SVP level reasonably requires two years of experience under DOL standards.

Key Requirements for PERM Labor Certification

To qualify as a private household cook under the EB-3 "skilled worker" category, employers and applicants must meet several critical requirements:

1. Two Years of Experience:
• The job must require at least two years of prior experience in menu preparation and cooking-related duties. Experience obtained outside the U.S. is considered, as is experience gained in the U.S. with proper employment authorization.
2. Detailed Job Description:
• Employers must provide a comprehensive job description highlighting the specialized skills and responsibilities involved in the role, including the need for personalized culinary expertise.
3. Compliance with Wage Standards:
• Employers must offer a wage that meets or exceeds the prevailing wage determined by the DOL for private household cooks in their geographic area.
4. Employer’s Ability to Pay:
• For I-140 purposes, the employer must demonstrate the financial ability to pay the offered wage. This requires showing sufficient financial resources to support the green card position once it is approved.

The PERM Procedure for Household Cooks

The PERM Labor Certification process involves several key steps:

1. Prevailing Wage Determination:
• Employers must first request a prevailing wage determination from the DOL to ensure the offered salary complies with regional wage standards.
2. Recruitment Efforts:
• Employers are required to conduct a good-faith recruitment effort to demonstrate that no qualified U.S. workers are available for the role.
3. Filing the Application:
• Once recruitment is complete, the employer files ETA Form 9089 with the DOL, detailing the job requirements, recruitment results, and the qualifications of the foreign worker.

Opportunities for Foreign Cooks

For experienced foreign cooks with a background in household settings, the EB-3 PERM process offers a unique pathway to employment-based immigration in the U.S. As demand for specialized household services continues to grow, private household cooks can seize this opportunity to secure stable, long-term employment while meeting the specific needs of their employers.

Final Thoughts

The recognition of private household cooks as skilled workers under the PERM Labor Certification process underscores the value of specialized culinary expertise in the U.S. workforce. By meeting the necessary requirements and aligning their recruitment efforts with DOL standards, employers can successfully sponsor foreign household cooks for permanent residency (Green Card).

This development represents a significant opportunity for both employers and foreign workers, paving the way for greater possibilities in employment-based immigration. As the demand for personalized household services rises, this pathway offers a promising future for skilled cooks seeking to make their mark in the United States.  The expertise needed to design and execute specialty PERM cases requires the assistances of very experience PERM lawyer. 

About the Author

Attorney Jian Joe Zhou is a co-managing partner of Zhang & Associates, P.C., with over 20 years of experience in labor certification cases. He has successfully handled thousands of PERM and pre-PERM labor certification applications. Attorney Zhou is an expert in the U.S. labor certification system and its practical implementation. He also represents multiple law firms in filing PERM labor certification applications for their employees. Additionally, Zhou specializes in EB-1, EB-2, NIW, EB-5, H, and L visa categories, as well as complex I-485 and family-based immigration cases. For inquiries, contact jzhou@hooyou.com.

---

Founded in 1996, Zhang & Associates, P.C. offers legal services to clients worldwide in all aspects of U.S immigration law. We have successfully handled over ten thousand immigration cases.

At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, I-485 I-130, H-1B, O, L and J cases. In the past over twenty years, we have successfully helped over ten thousand clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.

Zhang & Associates, P.C.

Chicago • Houston •Seattle 

Tel:	1-800-230-7040, 713-771-8433
Email:	info@hooyou.com
website:	http://www.hooyou.com

 

(01/27/2025)