Western Michigan University has designated Immigration Services as the sole office responsible for filing all employment-related applications and petitions for international faculty and staff with United States Citizenship and Immigration Services or any other U.S. government agencies. WMU departments and offices that sponsor an employee for permanent residency are required to collaborate with WMU Immigration Services to process applications and petitions and may not work independently with an outside attorney. To ensure timely processing, contact Immigration Services as early as possible to begin the permanent residency process for your foreign national employee.
EB-1 Extraordinary Ability
- Type of individual: Candidate is one of the small percentage who have risen to the very top of the field of endeavor, as shown by sustained national or international acclaim and recognized achievements.
- Job offer requirement: None required; candidate may self-petition and must prove that he/she will continue to work in the area of expertise.
- Labor certification requirement: None.
EB-1 Outstanding Professor or Researcher
- Type of individual: Professor or researcher who is recognized internationally as outstanding in the academic field and has at least three years of teaching or research experience in the field.
- Job offer requirement: Candidate must have an offer for a permanent, full-time position.
- Labor certification requirement: None.
EB-2 Advanced Degree Holder
- Type of individual: Candidate holding a degree above a bachelor's degree, which is required for the job offered.
- Job offer requirement: Candidate must have an offer for a permanent, full-time position that requires an advance degree or equivalent.
- Labor certification requirement: Required; special handling procedures available to university teachers.
- With National Interest Waiver: No job offer or labor certification is required if it is established that an exemption to those requirements would be in the national interest.
EB-2 Exceptional Ability in the Sciences, Arts, or Business
- Type of individual: Candidate with at least 10 years of experience in the field and expertise significantly above that ordinarily encountered in the sciences, arts or business.
- Job offer requirement: Candidate must have an offer for a permanent full-time position.
- Labor certification requirement: Required.
- With National Interest Waiver: No job offer or labor certification is required if it is established that an exemption to those requirements would be in the national interest.
EB-3 Professional or Skilled Worker
- Type of individual: Candidate with at least a bachelor's degree in a specific field of endeavor (professional) or with at least two years of specific education, training or experience (skilled worker).
- Job offer requirement: Candidate must have an offer for a permanent, full-time position that requires either a specific bachelor's degree or two years of specific training or experience.
- Labor certification requirement: Required; special handling theoretically available for college teachers, although most such positions required an advanced degree.
EB-2 or 3 Schedule A Group I
- Type of individual: Candidate who is trained and licensed either as a physical therapist or a professional nurse.
- Job offer requirement: Candidate must have an offer for a permanent position as a physical therapist or professional nurse.
- Labor certification requirement: None; U.S. Department of Labor has provided a "blanket" certificate for these occupations.
EB-2 or 3 Schedule A Group II
- Type of individual: Candidate has exceptional ability in the sciences or arts (except performing arts) with widespread acclaim and international recognition, and has been practicing his/her own art for at least one year prior to application.
- Job offer requirement: Candidate must have an offer of permanent employment that requires an individual of exceptional ability in addition to the normal EB-2 or EB-3 minimum education, training and experience requirements.
- Labor certification requirement: None.
The Program for Electronic Review Management system is utilized to file permanent labor certification applications with the Department of Labor to sponsor permanent residency for foreign national employees. Filing a labor certification is the first step in a three-step permanent residency process.
By filing a labor certification, the employer is asking for a finding by the Department of Labor that there are no qualified, willing, able and available U.S. workers to do the job that the employer is offering to a foreign national and that the employment of an alien will not adversely affect the wages and working conditions of similarly employed U.S. workers.
All labor certifications filed with the Department of Labor must be filed (by the employer) meeting the Program for Electronic Review Management recruitment requirements. PERM has two tracks: faculty special handling option for university teachers; and basic track for non-teaching faculty and professionals.
Filing a Program for Electronic Review Management application is a very complicated and complex process; individual efforts by an employee or department might not meet the PERM requirement. It is recommended that departments and offices consult with Immigration Services for each individual case as rules and regulations change often.