Checklist for Evaluating Eligibility for Foreign National Employee Status - EB2 PERM Labor Certification (staff)
The employee or manager should send a copy of the employee's CV/resume to the ISSO (firstname.lastname@example.org).
Manager must provide to the ISSO a Job Description approved by Human Resources that describes the duties, years, and types of experience required (if any), as well as degree level and field required.
Please note that “bachelor’s/master’s/PhD in any field” will not be sufficient enough information to proceed with EB2 sponsorship.
Manager should complete the attorney intake document found here.
The role must require at least a bachelor’s degree in a specific field or group of academic fields.
The Brandeis role must be matched to a job described Standard Occupation Classification (SOC) published by the Department of Labor. The ISSO and law firm welcome input from managers and employees to identify the most appropriate code. Please visit the Occupational Outlook Handbook to review possibilities and offer suggestions.
The salary must meet the prevailing wage determined by the Department of Labor for the selected SOC code.
The ISSO selects outside legal counsel to submit a request to the Department of Labor to determine the prevailing wage for the employee (Form ETA-9141)
Once the Department of Labor issues a prevailing wage determination, the attorney will initiate a process intended to test the labor market and insure that no other US worker is minimally qualified for the role.
Department of Labor Certification and the 18-Month Rule
Legal counsel submits a Labor Conditions Application for NonimmigrantNon-Immigrant Workers (Form ETA-9035) to the Department of Labor. Once certified, Brandeis may file the Immigrant Petition for Alien Worker (Form I-140).
Is the employment in question permanent (i.e., for a term of indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is a good cause for termination”)?
The job must be available on the day the individual is eligible to adjust to US Permanent Residency, which may be several years from when we start the sponsorship process. Please be sure that you do not anticipate changing the job title or duties in this period of time.