Labor certification is required to prove that there are no qualified US workers for the position being offered and this is needed for foreign nationals to get employer-based immigrant visas. To get labor certification, PERM, Program Electronic Review Management needs to be used.
Under the preference categories of EB-2 and EB-3, PERM labor certification is required. Before the employer can start the process of sponsoring the foreign national with the USCIS, PERM labor certification must be obtained. This will prove your efforts to find a qualified US worker, the need for the position, and that there is no qualified US worker to fulfill this position.
ETA Form 9089 and EB2 EB-3 Priority Date Start
PERM priority date plays a crucial role here as it points out the date the alien initially showing the intent to move to the United States through the employer petition. The priority date for both EB-2 and EB-3 preference categories is the day the Department of Labor receives the ETA Form 9089.
Since the employment-based visas can take anywhere between six months to two years, it’s important to submit ETA Form 9089 on time. The alien should also furnish the USCIS with Form I-486 as soon as it’s allowed.
Visa Bulletin Numbers
Even if everything is set and ready, the number of employment-based visas approved for the year might be under the limit. If this is the case, it will only add up to the number of months waiting for the visa approval. It’s best to check everything with the USCIS and Department of Labor to get the labor certificate and start the process early.
Visa Bulletin can be a great help here as you will see the updated numbers for every month. There are limits for both EB-2 and EB-3 visas. Make sure to give the Visa Bulletin a check to see where you’re at with the application and how long it might take before it’s your turn.