EB-2 Green Card without a Long PERM Process, is it Feasible?

For many employment-based 2nd and 3rd preference petitions, employers must obtain a labor certification from the Department of Labor before filing the immigration petition for the employee. However, there are certain occupations that can skip the long PERM process with the Department of Labor.

For example, registered nurses and physical therapists, teachers and professors from academic institutions, and performing artists may file the labor certification directly to USCIS with their immigration petition, bypassing the Department of Labor review. This is because the Department of Labor has predetermined that there are not sufficient U.S. workers who are able, willing, qualified, and available.

Recently, USCIS adopted the Department of Labor's definition of "science or art" for these types of cases. The benefit of applying under these special groups is that the standards are comparatively lower than the EB-1 and NIW standards.

If you are a professional within the description of the above groups, please feel free to contact us for more information.