EB-2 Category

PERM Labor Certification

Program Electronic Review Management (PERM) is the system used for obtaining labor certification and is the first step for certain foreign nationals in obtaining a green card. The employment-based preference categories that require PERM labor certification are EB-2 (other than a National Interest Waiver) and EB-3. An application for labor certification is submitted to the DOL by using ETA Form 9089. The DOL must certify to the USCIS both that there are not sufficient U.S. workers able, willing, qualified, and available to accept the job offered the alien at the prevailing wage for that occupation in the area of intended employment, and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
In brief, the PERM process requires the petitioning employer to conduct a series of recruitment activities to test the labor market before filing the application. If sufficient able, qualified, and willing applicants (U.S. citizen or Permanent Resident) are not found for a position through the recruitment process, the employer can submit a PERM labor certification application. Once it is certified, the employer files I-140 petition which demonstrates an offer of a permanent job. After than, depending on the priority dates of employee’s country of origin, a green card can be obtained.

PERM Process in Detail:

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Recruitment efforts/advertisements expire in 180 days, PERM must be filed by the end of 180 period

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If the case is audited, it will push the green card process back, possibly additional 10-12 months. This is the trickiest part of the Labor Certification process. Our experienced immigration attorneys make sure from day one our clients’ cases do not trigger audits and have low chances of getting audited.
It can be multiple years before the employee’s priority date is current (in case of China and India) Once I-485 is filed, it typically takes 4 months for USCIS to approve case and issue a green card!

Naomi Lee

Customer Support