Allows U.S. employers to permanently employ foreign nationals in various unskilled, skilled, professional and advanced degree positions if there are no qualified U.S. workers ready, willing, able or qualified for the job offered AND the employer will pay at least the prevailing wage, or actual wage, whichever is higher. This ensures that the hiring of a foreign worker does not adversely affect the wages and working conditions of U.S. workers.

Classifications explained:

Unskilled (EB-3 Other Workers): Positions requiring less than 24 months of experience.

Skilled (EB-3):  Positions requiring 24+ months of experience.

Professionals (EB-3): Positions that require at least a Bachelor’s degree in a specific field.

Advanced Degree (EB-2): Positions that require at least a Master’s degree in a specific field or a Bachelor’s degree and five years of post-bachelor’s progressively responsible employment experience in the field.

HOW:

The position must have clearly defined job requirements and the Employee must be able to present evidence that they meet the job requirements, including degree/transcripts, training, and/or experience verification letters from prior employer(s), including the dates of employment, title and job duties. 

There are 3 steps for the Employer:

File a prevailing wage request with the Dept. of Labor outlining the title, job duties, education, training and/or experience requirements for the role, and location of the job offered (takes about six months to process).

Upon receipt of prevailing wage determination, commence Recruitment (takes about 2 months to complete):

1. Place two Sunday print ads for the job opening is the largest newspaper of general circulation in the area of intended employment.
2. Post a job order with the state workforce agency for at least 30 days.
3. Post a notice of filing in a clear, unobstructed location within the office and any inhouse media for at least 10 business days.
4. Three additional recruitment sources are required for all Professional roles and above e.g. those that require at least a Bachelor’s degree – Job Zone 4 and above, SVP 7-8 and above jobs. The three additional ads may include: Company website; Radio advertisement; Another local newspaper; Job search website; Employee referral program; Among other options
5. Employer reviews the resumes of all applicants and interviews them for the job offered and provides results to the firm.
6. If no one meets the requirements, prepare Recruitment Report and Audit file, and prepare and file PERM 9089 application. 
7. Processing times for PERM 9089 forms are 12+ months.