PERM - Labor Certification

Avoiding PERM through EB-2 category

If one applies through EB2 category can the PERM also be avoided then?

You can avoid the need for PERM through EB-2 only if you are applying for a National Interest Waiver.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on

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DOL Replaces PERM FAQ on Special Recruitment and Documentation Procedure for College and University Teachers

The Department has replaced a PERM program Frequently Asked Question (FAQ) regarding the use of an electronic or web-based national professional journal instead of a print journal when conducting recruitment for College and University Teachers as specified under 20 CFR 656.18. 

Please check the attachment to read the FAQ. 


Guestbook Entry for A Singh, United States

A Singh
United States
I had an accident and am on disability while my green card adjustment of status application ( form I-485 ) has been pending for over 4 years. My I-140 had been approved about 5 years back but my case has been caught up in the visa backlogs at USCIS and Department of State. I wanted to know if there was any provision for help in the immigration laws, in case I am sent for long term disability or my employment is terminated before I receive my green card. I learnt that employment and disability are subjects to be discussed with a benefits or employment attorney. The only immigration benefits are via AC 21 or via a private bill. Also, that one should not loose the advance parole anytime while the AOS is pending. I want to thank Mr. Rajiv Khanna for his generosity with time and expert guidance. Over the phone I found him to have a very pleasant personality. he had me feel comfortable and didnt seem money minded at all.

Guestbook Entry for DK, United States

Nonimmigrant Visas: 
United States
Their 24-hour turnaround time no matter what the issue is the most refreshing customer experience service you can get. I am really glad to have them dealing with my immigration & non-immigration matters. Thank you.

PERM approval for a foreign company with minimal presence in USA

The head-quarters for the sponsoring employer were located outside the United States.  The applicant worked in the United States at a branch office, which had fewer than 5 employees.  Because of the head-quarters location and the US branch office size, the DOL questioned the existence of the company in the United States.  We responded with evidence of the sponsoring employer’s business in the United States and the PERM Petition was certified.

PERM Approval for brother of corporate president

The sponsoring employer was a small company (less than 20 employees) that was sponsoring the brother of the president.  The Labor Certification was audited due to the familial relationship, which is a significant issue in the PERM process. We successfully responded by proving that the relationship between the president and the applicant did not influence or affect the PERM Processing.  The I-140 petition and I-485 petitions were approved, and the applicant received his permanent residency. 

OFLC Disclosure Data for the Second Quarter of FY2011

This page allows the public to access the latest quarterly and annual disclosure data in easily accessible formats for the purpose of performing in-depth longitudinal research and analysis. OFLC case disclosure data are available for download on a Federal Fiscal Year cycle covering the October 1 through September 30 period in Microsoft Access (mdb) file format. Select data fields for each case record are extracted from foreign labor certification application tables within OFLC case management systems based on the most recent date a determination decision was issued.



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