Employment-Based Immigration and Labor Certification
The preference structure
Employment-based immigration has five preferences: EB-1 (extraordinary ability, outstanding researchers, multinational managers), EB-2 (advanced degree or exceptional ability, including NIW), EB-3 (skilled, professional, other workers), EB-4 (special immigrants), and EB-5 (investors). Know which require labor certification and which do not.
PERM labor certification
The PERM process (ETA-9089) requires the employer to test the labor market through good-faith recruitment and demonstrate no able, willing, and qualified U.S. worker is available. Traps: the prevailing wage determination, the audit file requirements, and the rule that the employer bears costs of recruitment and the labor certification - never the employee.
The I-140 and priority dates
The I-140 immigrant petition follows certification. Know the NIW self-petition, the EB-1 self-petition, and the doctrine that a beneficiary may generally retain a priority date from an earlier petition. Also understand the AC21 portability rules allowing job change after I-485 has been pending 180 days.
Worked example
An employer wants to sponsor a software engineer with a bachelor's degree plus five years of experience. Rule of thumb: if the job requires only a bachelor's degree, it is EB-3 professional, not EB-2; EB-2 requires an advanced degree or exceptional ability unless the NIW applies.