[vc_row][vc_column][vc_column_text]The recent government restrictions on H-1B has prompted more employers to consider directly helping F-1 college graduates in Optional Practical Training (OPT) apply for green cards. Due to the graduates generally having little or no practical work experience, businesses and immigration attorneys are helping the students apply for EB-2 and EB-3 visas.
The first step to applying for an EB-2 or EB-3 is to submit a Program Electronic Review Management (PERM) application to the Department of Labor (DOL) seeking work authorization. The purpose of PERM is to ensure that the American labor market cannot fill the job with American nationals. This leads to the PERM application process being long and complicated. Immigration attorneys work with their clients and employers work with their future employees to ensure that their applications meet the highest quality standards to satisfy the DOL. Without a successful PERM application, students will not be considered further for an EB-2 or EB-3.
PERM requires employers to take the following steps for an EB-2 or EB-3 position:
- Determine a position's minimum requirements and job duties
- Research wage requirements for the position
- Determine and execute an extensive recruitment process
- Recent layoffs by the employer
- Unqualified applicants
- Ineligible positions, such as not requiring a bachelor's degree
- Personal relationship between the company's executives and the applicant