You may be eligible for this immigrant visa preference category if you are a skilled worker. Skilled workers are persons who are capable of performing skilled labor and whose job requires at least 2 years training or experience, not of a temporary or seasonal nature. Skilled workers must also meet any educational, training, or experience requirements of the job opportunity. Relevant post-secondary education may be considered as training.
The job must require at least 2 years training or experience
The work must not be of a temporary or seasonal nature
You must meet any educational, training, or experience requirements of the job opportunity
Labor certification (or application for Schedule A designation) and a permanent, full-time job offer from a U.S. employer required
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Regulatory Criteria
Training or Experience Requirement
The labor certification (or application for Schedule A designation) must require at least 2 years of experience or training. You must demonstrate that you have met any job requirements specified on the labor certification. Relevant post-secondary education may be considered as training.
Examples
Letters from current or former employers documenting at least 2 years experience
Official academic records demonstrating relevant post-secondary education
Evidence of vocational or technical training in the occupation
Job Requirements
You must demonstrate that you have met any job requirements specified on the labor certification (or application for Schedule A designation). This evidence may include official academic records and letters from current or former employers.
Examples
Official academic records demonstrating qualifications
Letters from employers documenting relevant experience
Professional certifications or trade credentials
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Application Process
Job Offer
Obtain permanent, full-time job offer from U.S. employer requiring 2+ years experience.
Prevailing Wage
Employer requests prevailing wage determination from DOL for the position.
Recruitment
Employer conducts required recruitment to test the U.S. labor market.
PERM Filing
Employer files ETA-9089 with Department of Labor (or via FLAG system for applications after June 1, 2023).
PERM Approval
DOL reviews and approves the labor certification (Final Determination).
I-140 Filing
Employer files Form I-140, Immigrant Petition for Alien Workers.
I-140 Approval
USCIS adjudicates the immigrant petition.
Green Card
When priority date is current, file for Adjustment of Status or Consular Processing.
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Key Benefits
Path to permanent residency through employment
Spouse and unmarried children under 21 may apply for admission as lawful permanent residents
Schedule A occupations may bypass individual labor certification
Premium Processing available for I-140 petition
Clear employer-sponsored pathway to Green Card
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Documents Needed
Valid Passport
Official Academic Records (if applicable)
Credential Evaluations (if foreign credentials)
CV / Resume
Letters from Employers documenting 2+ years experience
Professional Licenses or Trade Certifications (if applicable)
Approved PERM Labor Certification (ETA-9089 / Final Determination)
Prevailing Wage Determination
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Frequently Asked Questions
What qualifies as 'skilled labor'?
Skilled labor is work that requires at least 2 years of training or experience, not of a temporary or seasonal nature. The labor certification must specify this minimum requirement.
Can education count toward the 2-year requirement?
Yes. Relevant post-secondary education may be considered as training for skilled worker positions that require at least 2 years of training or experience.
What is the difference between skilled and unskilled workers?
Skilled workers are persons whose job requires at least 2 years training or experience, not of a temporary or seasonal nature. Other workers (unskilled workers) are persons whose job requires less than 2 years training or experience.
Can I bring my family?
Yes. If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply with or after you for admission to the United States as lawful permanent residents based on your approval.
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Fees
Attorney Fee for PERM
$6,000 (Initial $2,000; then $500/month)
PERM Advertisement Fee (location-dependent)
$500-$5,000
I-140 Attorney Fee
$1,800
I-140 USCIS Fee
$715
Premium Processing (optional)
$2,805
Asylum Program
$600/$300/$0
Fees are estimates and may change. Contact us for a quote for your specific case.
Need help with your immigration case?
Hasan Legal PC attorneys handle USCIS petitions, family immigration, employment-based green cards, and naturalization across Washington DC, Virginia and Maryland.