Employment-Based Immigration (PERM, EB-2, EB-3) — Ozek Law Firm

Employment-Based
PERM  ·  EB-2  ·  EB-3

Immigration Law

Our Cases Will Prove Our Expertise

Whether you are a U.S. employer sponsoring a valued foreign national for permanent residency or a foreign worker seeking a Green Card through your employment — Ozek Law Firm guides you through the entire PERM, EB-2, and EB-3 process from start to finish.

U.S. immigration law provides foreign nationals with several pathways to become lawful permanent residents through employment. These employment-based (EB) preference immigrant categories allow employers to sponsor skilled workers, professionals, and advanced degree holders for Green Cards — provided the proper process is followed at every step.

At Ozek Law Firm, we understand the complexities of employment-based immigration and are committed to helping employers and foreign workers navigate the legal processes with confidence and success. Our skilled immigration attorneys offer comprehensive services related to the PERM labor certification process and the EB-2 and EB-3 immigrant visa categories.

We bring extensive experience in employment-based immigration and a proven track record of successful cases — providing personalized legal services to both employers and employees, ensuring the immigration process is as smooth and efficient as possible.

Employment-Based Immigration PERM EB2 EB3
Ozek Law Firm — PERM · EB-2 · EB-3
Labor Certification

The PERM Process:
Foundation of EB-2 & EB-3

The Program Electronic Review Management (PERM) labor certification is a mandatory prerequisite for most EB-2 and EB-3 immigrant visa petitions. It is the process by which a U.S. employer demonstrates to the Department of Labor that there are no available, qualified, and willing U.S. workers to fill the position — justifying the need to hire a foreign national for permanent employment.

PERM is technically demanding and deadline-driven — a single procedural error can result in denial or audit, delaying the entire Green Card process by months or years. Our attorneys manage every phase of the PERM process for employers, ensuring full compliance with all Department of Labor requirements from the outset.

“Whether one solution or many — we explore all options and work with you to create a strategic path forward that achieves your immigration goals efficiently and compliantly.”

Tolga Ozek — Founding Principal
01
Job Description & Wage Analysis

We work with employers to define the minimum job requirements — ensuring they reflect the actual needs of the position without being tailored to the foreign worker — and obtain the prevailing wage determination from the National Prevailing Wage Center (NPWC).

02
Mandatory U.S. Worker Recruitment

PERM requires employers to conduct a regulated recruitment campaign — including job postings, newspaper advertisements, employer website postings, and additional mandatory steps — and document all applicants, interviews, and the business reason for not hiring each U.S. applicant.

03
ETA 9089 Application Filing

We prepare and file the ETA Form 9089 — the PERM application — with the Department of Labor through the FLAG system, ensuring every field accurately reflects the recruitment results, job requirements, and prevailing wage compliance.

04
Audit Representation

If the DOL selects the PERM application for audit, we provide expert representation — compiling the complete audit response package, addressing every DOL inquiry with supporting documentation, and defending the employer's recruitment process and business necessity determination.

05
I-140 Petition Filing

Once the PERM labor certification is approved, we immediately proceed to the I-140 Immigrant Petition for Alien Workers with USCIS — filing under the appropriate EB-2 or EB-3 category and, where beneficial, requesting premium processing to expedite adjudication.

Immigrant Visa Categories

EB-2 & EB-3: Two Pathways to Permanent Residency

After the PERM labor certification is approved, employers file an I-140 petition under either the EB-2 or EB-3 preference category. The right category depends on the worker's education, experience, and the job's minimum requirements.

EB-2
EB-2
Second Preference
Advanced Degrees & Exceptional Ability

The EB-2 visa category is for members of the professions holding advanced degrees (master's degree or higher, or a bachelor's degree plus five years of progressive experience) or aliens with exceptional ability in the sciences, arts, or business. EB-2 petitions generally have shorter wait times than EB-3, particularly for applicants from countries other than China and India.

Advanced Degree Professionals
  • Master's degree or higher in the relevant field
  • Or bachelor's degree + 5 years progressive experience
  • Employer sponsorship & PERM required (except NIW)
Exceptional Ability
  • Degree of expertise significantly above the ordinary
  • Evidence across at least 3 of 6 regulatory criteria
National Interest Waiver (NIW)
  • Self-petition — no employer or PERM required
  • Work must benefit U.S. substantially (Matter of Dhanasar)
EB-3
EB-3
Third Preference
Skilled Workers, Professionals & Other Workers

The EB-3 visa category is designed for skilled workers, professionals, and other workers who meet specific educational or work experience requirements. It is broader than EB-2 and accessible to a wider range of occupations and qualification levels. All EB-3 petitions require employer sponsorship and PERM labor certification, as there is no self-petition or NIW option within this category.

Skilled Workers
  • Positions requiring at least 2 years of training or experience
  • Includes trade workers, technicians, and experienced laborers
Professionals
  • U.S. bachelor's degree or foreign equivalent required
  • Degree must be a standard requirement for the occupation
Other Workers (Unskilled)
  • Positions requiring less than 2 years of training or experience
  • Subject to the longest priority date wait times
Who We Serve

Advocacy for Employers & Workers

Employment-based immigration requires coordinated effort between employer and employee. We advise both sides — ensuring the employer meets every procedural requirement and the worker's path to permanent residency is structured and protected at every stage.

“We are dedicated to providing personalized legal services to both employers and employees, ensuring that the immigration process is as smooth and efficient as possible.”

Tolga Ozek — Founding Principal
U.S. Employers

We manage the entire PERM and I-140 process for employers — from job description drafting and recruitment campaign management to application filing, audit defense, and I-140 petition preparation — protecting the employer at every regulatory checkpoint.

Foreign Workers

We advise foreign nationals on the EB-2 and EB-3 process — explaining each stage, tracking priority dates, advising on adjustment of status vs. consular processing, and managing the I-485 green card application once a visa number becomes available.

Tech, Healthcare & STEM Employers

Companies in technology, healthcare, engineering, and STEM fields regularly sponsor foreign nationals through EB-2 and EB-3 for critical positions. We serve these employers with efficient, high-volume PERM management tailored to the specific demands of their industries.

EB-2 NIW Self-Petitioners

Researchers, scientists, academics, and professionals who qualify for the National Interest Waiver can self-petition without employer sponsorship or PERM. We build and file NIW petitions that clearly satisfy the Matter of Dhanasar three-prong test.

Why Choose Us

Why Choose Ozek Law Firm?

At Ozek Law Firm, we bring extensive experience in employment-based immigration and a proven track record of successful cases. We stay up-to-date with the latest changes in immigration law and provide thorough, strategic advice to achieve the best possible outcome — for employers and employees alike.

End-to-End PERM Management

From prevailing wage through recruitment, filing, and audit — we manage every step of the PERM process to avoid the errors and omissions that lead to audit, denial, or delay.

EB-2 & EB-3 Depth

We handle EB-2 advanced degree, EB-2 exceptional ability, EB-2 NIW, EB-3 skilled worker, EB-3 professional, and EB-3 other worker cases with equal expertise — advising on the optimal category for each specific employer and worker profile.

Priority Date Strategy

For workers from high-demand countries facing long EB-2 or EB-3 backlogs, we advise on category choice, date retention strategies, EB-3 downgrade options, and concurrent filing approaches to maximize efficiency.

Tailored to Every Case

We understand that each employer and each worker's situation is unique. We develop individualized strategies that align with your specific goals — not generic templates — and provide clear communication at every stage.

Tolga Ozek
Expert Attorney

Tolga Ozek

Attorney-at-Law — Employment-Based Immigration (PERM, EB-2, EB-3)

Tolga Ozek brings over 13 years of experience guiding U.S. employers and foreign workers through the PERM labor certification process and EB-2 and EB-3 immigrant visa petitions. Licensed in D.C., MD, NY with federal immigration practice across the U.S., he is known for meticulous PERM compliance management, effective audit representation, and the strategic counsel that turns complex employment-based immigration cases into successful Green Card approvals.

Your Talent Belongs in America

Sponsor the Right Worker.
Secure the Right Future.

Whether you are an employer looking to sponsor a foreign worker or a foreign national seeking permanent residency through employment, Ozek Law Firm is here to guide you through the PERM, EB-2, and EB-3 processes. Contact us today to schedule a consultation and learn how we can help you achieve your immigration goals.