The approval of a PERM application will
enable your employer to file a petition on your behalf for an employment
based preference classification. Employment based Immigrant visas
are limited and are allocated to preference classifications.
Obtaining a labor certification will enable an employer to apply in one
of two preference classifications:
EB2 - the Second Preference - is defined to
include those "who are members of the professions holding advanced
degrees or their equivalent" and must be accompanied by an approved
labor certification which demonstrates that the job requires an advanced
degree or equivalent.
EB3 - the Third Preference - is defined to
include "skilled workers, professionals, and other workers"
and must be accompanied by a labor certification.
A PERM application does not include a
request for EB2 or EB3 classification. However, it does set forth
what an employer certifies is the minimum requirement for a position.
A PERM application will support a subsequent
petition for EB2 classification if the minimum requirement for
the position is a masters degree or equivalent, and the
beneficiary has a masters degree or equivalent.
An employer cannot specify a masters degree
as the minimum requirement for a position which does not require a
masters degree. Even if you have a masters degree, it may not be
possible to file a PERM application for you if your job does not require
that degree.