Skip to main content

Can the employer apply PERM/Green Card for me based on the future employment?

Madison Heights, MI |

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.

Attorney Answers 4


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

Mark as helpful

2 lawyers agree


Repeat question on slightly changed facts.

Not if DOL learns that the position is not presently available and that the entire "recruitment" process will be a sham, just to certify.. you.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Mark as helpful

3 lawyers agree


Brief answer is yes

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Mark as helpful

5 lawyers agree


Yes if the offer of employment is genuine and you are willing to accept this offer.
Lalita Haran
Attorney: Immigration Law
13295 Illinois St Ste 128
Carmel IN 46032
Ph: (317) 660-6174

Contact (317) 660-6174 for specific legal advice. Answers here are not legal advice because they are of general nature and not tailored to your specific situation. You should not act on this answer without checking with an Immigration Attorney.

Mark as helpful

Education law topics

Recommended articles about Education law

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics