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PERM and Green Card for future position?

Rochester, MI |

If 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 that the company is going to offer me in the next couple of years? If this future position requires a MS degree and some other requirements- business necessity.

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Attorney answers 4


First of all, these are VERY employer (position) specific questions that should be only addressed to the employer's immigration attorneys. Only they know all the details of the company, position, etc. We do not.

A job offer must be made for a position CURRENTLY available; not one that will be made available ....some time in the future!

The type of degree (Bachelor's vs. Masters) and or years of experience minimally required by a job position are defined by what DOL considers as "normal" for the type of position offered. Any type of abnormal (higher) educational or experience requirement which exceeds the SVP requirements for the position in question must be justified by "strict business necessity". Don't get me started on that now.. am answering you for free here.. Talk to your employer's immigration lawyer!

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.


This needs to be a current, not future, position

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Agree with colleagues


You can do it.

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.