PERM green card : 6 minutes read
The most popular paths to permanent residency through employment have a common ground of essential importance: PERM labor certification. This certification, administered by the U.S. Department of Labor (DOL), ensures that both foreign and U.S. workers have equal pay and employment opportunities. In this way, the U.S. government protects the rights and interests of all workers entering its labor market.
Obtaining this certification, then, means safe entry into the United States. It not only safeguards those seeking better opportunities but also opens the door to other immigration processes of incredible benefits for people from all over the world. It is the key to obtaining recognized employment-based visas, such as EB-2 or EB-3. So, although this certification is not the responsibility of the immigrant employee, knowing the application and approval process can be beneficial.
How do I get a green card through PERM?
Rather than a sequential procedure, the process for obtaining a PERM labor certification involves complying with the requirements set forth in Title 20 of the Code of Federal Regulations. These requirements can be confusing, but we have summarized them in four steps that every employer should follow in sponsoring a foreign worker. These are:
Step #1. Make a job offer.
The employer must create a detailed and accurate job offer for the position in question. This offer must meet DOL requirements and demonstrate a genuine need for a foreign worker.
Step #2. Make the prevailing wage validation.
The wage offered to the foreign worker must be at or above the prevailing wage for that position in the relevant job area. DOL provides updated prevailing wage data to assist in this determination.
Step #3. Conduct the recruitment process.
The employer should conduct a recruitment process in which it seeks qualified candidates in the local labor market. This includes advertising the position in specific locations and conducting candidate interviews and assessments.
Step #4. Make an application for labor certification (ETA 9089).
After completing the above steps, the employer must submit Form ETA 9089 to the DOL. This is the official application for PERM labor certification. This application must include documentation to support the above steps and ensure that all proper procedures have been followed.
These first four steps are essential to securing a PERM labor certification. They also lay the foundation for the process of adjustment of status to permanent resident which, as immigrant employees, would grant us the green card. We have summarized that process in the following four steps:
Step #5. File the immigrant worker petition (I-140).
Once the PERM labor certification has been obtained, the employer must file Form I-140 with the U.S. Citizenship and Immigration Services (USCIS). This form demonstrates that the employee meets the requirements for the appropriate immigrant worker category.
Step #6. Wait for the priority date to become current.
After filing the I-140 petition, the applicant must wait for his or her priority date to become current according to the Department of State’s Visa Bulletin. This may take time, as visa availability varies depending on the category and nationality of the applicant.
Step #6. Wait for the priority date to become current.
After filing the I-140 petition, the applicant must wait for his or her priority date to become current according to the Department of State’s Visa Bulletin. This may take time, as visa availability varies depending on the category and nationality of the applicant.
Step #7. Adjustment of status to permanent resident (I-485)
Once the priority date is current and an immigrant visa is available, the applicant may file Form I-485 to adjust status to permanent resident in the United States. This is known as “adjustment of status” and allows the applicant to obtain his or her green card.
Step #8. Medical examination and interview with USCIS
As part of the adjustment of status process, the applicant must undergo a medical examination and attend an interview with USCIS. During the interview, the application details will be verified, and questions will be asked to confirm the applicant’s eligibility.
Completing these four steps is fundamental to achieving permanent resident status in the United States and obtaining a green card. Each step requires precise compliance with the requirements and procedures established by the immigration authorities.
Frequently Asked Questions about the PERM Labor Certification Process
Who is eligible for the PERM program?
Any employer in the United States who wishes to hire a foreign worker in a permanent employment position is eligible to apply for PERM labor certification. Foreign workers must meet the requirements of the job and the appropriate visa category, but employer eligibility is broad.
Am I likely to be denied PERM?
Yes, it is possible that PERM labor certification may be denied. This can happen if the employer does not comply with the requirements and procedures mandated by the DOL or if the genuine need for a foreign worker in the position is not demonstrated. However, the denial can be appealed, or a new application can be filed correcting the identified problems.
How do I find a company to sponsor me?
Finding a company that is willing to sponsor a foreign worker can be a challenge. Some options include looking for an employer who already has experience in sponsoring foreign employees, using professional networks, and consulting with immigration attorneys for advice and guidance in finding job opportunities that offer sponsorship. We have gathered more ideas in this blog.
How long does PERM approval take?
Finding a company that is willing to sponsor a foreign worker can be a challenge. Some options include looking for an employer who already has experience in spon
PERM processing time can vary, but in general, it can take several months. Factors such as the workload of the U.S. Department of Labor (DOL) and the complexity of the application can influence the timeline. Once PERM labor certification is obtained, the adjustment of status and green card process can also take several years, depending on the visa category and other factors.
These answers to frequently asked questions provide an overview of the PERM labor certification process and can serve as an initial guide for those seeking to better understand this U.S. immigration process. To continue exploring educational and detailed information on this and other immigration-related topics, we invite you to visit our website.
It is important to note that due to the complexity of the process, it is highly recommended that you seek the guidance of a specialized immigration attorney. An experienced attorney can provide you with expert guidance and ensure that you go through all the steps properly. This increases the chances of a successful process and a successful transition to permanent residency in the United States.
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