My current position can not apply PERM through EB-2 since its minimum requirements are Bachelor Degree and 3-5 years of working experience. Can the employer start to apply the PERM through EB-2 for me now for a position (currently available) that the company is going to offer me in the next couple of years? If this future employment requires a MS degree and some other requirements- business necessity.
Yes the labor certification is an offer of future employment. Provided it is a good faith offer that they will let you fulfill when your green card is approved it should be fine. Keep in mind you would need to be qualified for the job before you began with that company.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law
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