Green Card Blow: H-1B Caught Between EB-2 and PERM

An international professional working in the United States on an H-1B visa has faced a major setback in the green card process. Their labour certification failed the federal Labour Market Test. This outcome forces the applicant to restart the entire application process.

The professional, a software engineer, now has to begin the green card procedure from the beginning. This unexpected setback has created anxiety about their long term plans in the United States. The delay may also affect personal and family related decisions.

The failed market test has also complicated plans to bring the applicant’s fiancée to the US. The goal was to bring her on an H-4 visa and later apply for an H-4 EAD. However, this requires the primary H-1B holder to have an approved I-140 petition.

Immigration experts have suggested exploring the EB-2 National Interest Waiver route as an alternative option. Unlike the traditional PERM process, this category does not require a Labour Market Test. This can reduce the risk of rejection during difficult economic conditions.

Some advisors have also recommended exploring Canadian permanent residency options. Canada’s Express Entry system remains competitive. However, there are fast track immigration pathways designed specifically for H-1B visa holders.

Legal experts also note that certain legal options remain available in the United States. The applicant can appeal the decision through the Board of Alien Labour Certification Appeals, also known as BALCA. Another option is consulting a different immigration law firm to reassess the case.

At this stage, the professional must carefully evaluate the available paths. Options include pursuing EB-2 National Interest Waiver, applying for Canadian permanent residency, or restarting the PERM process again. Experts strongly recommend seeking guidance from an experienced immigration lawyer.