Articles, news, and more to help with your PERM process & Green Card needs.
There are a few different paths to receiving a green card in the U.S. One way in which this can be achieved is through sponsorship by an employer.
The 3-Step PERM Process
To obtain an employment-based green card under the PERM process, there are three steps that must be taken:
Obtain a Certified Permanent Labor Certification (PERM) from the Department of Labor;
File a Preference Petition with U.S. Citizenship & Immigration Services (USCIS); and
File either an Adjustment of Status (AOS) application with USCIS, or pursue Immigrant Visa Processing (IVP) if outside the U.S.
1. PERM Labor Certification
The first step along the path to an employment-based green card requires the U.S. employer to request a permanent labor certification by completing an Application for Permanent Employment Certification (“ETA Form 9089”).
Prior to filing the PERM, the employer must obtain a prevailing wage determination from the Department of Labor and perform a test of the U.S. labor market. This proves that the employer cannot find an able, willing, and qualified U.S. workers (either U.S. citizen or a green card holder) for the proffered job. The recruitment process must satisfy numerous DOL regulations for ultimate PERM certification.
When recruitment obligations are completed and the prevailing wage is issued, the PERM can be filed. This application describes the job duties, educational requirements, training, experience, and other special capabilities that the alien must possess to perform the position being offered on a permanent basis. The PERM also confirms the candidate’s educational qualifications and work experience. Overall, the PERM process can take upwards of 12 months, depending on DOL processing times.
2. Form I-140 Immigrant Petition
After an employer receives a PERM certification from the DOL, they can than file an immigrant visa petition (Form I-140) with U.S. Citizenship and Immigration Services (USCIS). Here, USCIS requires documentary evidence of the foreign national’s educational credentials and work experience. The employer must also prove that they have the ability to pay the applicant the proffered wage. Form I-140 can be filed by premium processing, which guarantees a government response within 15 calendar days of receipt.
3. Obtaining the physical Green Card
There are two ways a foreign national can obtain their green card, either through Adjustment of Status (AOS) or through Immigrant Visa Processing (IVP). The main distinction between AOS and IVP is where the applicant is located. To file for AOS, the applicant must be lawfully in the U.S., and the application is sent to USCIS by mail. In comparison, if the applicant is residing abroad, they will pursue IVP and ultimately attend an interview at a Consulate or Embassy outside the U.S.
If you have questions on the PERM Green Card process, please contact our office to schedule a consultation with one of our attorneys today!
Recently, several states and localities have passed Equal Pay Transparency (EPT) laws, which could have an impact on the PERM process for employers conducting labor market testing efforts within those states. EPT rules are not uniform and differ by locality, with some not requiring that salary information be part of the published job posting but […]
PERM is a U.S. Department of Labor (DOL) Program, which stands for Program Electronic Review Management. There are three steps in acquiring a PERM labor certification: During Step 2, sponsoring employers must engage in a series of good faith recruiting steps, meaning they must make a good faith effort to first hire “able, willing, qualified, […]
There are a few different paths to receiving a green card in the U.S. One way in which this can be achieved is through sponsorship by an employer via the 3-step PERM process: Obtain a Certified Permanent Labor Certification (PERM) from the Department of Labor; File a Preference Petition with U.S. Citizenship & Immigration Services […]
Senior Associate Attorney Gabriella Agostinelli discusses when to start the PERM process in the light of current processing delays in the video below. If you have any questions, contact Berardi Immigration Law today. We would love to hear from you.
Let’s say you run a business in the U.S., and you are interested in bringing your family member to the U.S. by sponsoring an employment-based green card for them. This certainly seems like a clever strategy, but it is very tricky. With that being said, it can be done, but not without extensive preparation. Convincing […]
Corporate changes before, during, and after the PERM process have some difficult requirements to consider, and we’d need to know more about the actual merger/acquisition and restructuring to properly advise. However, there are some ground “rules” and considerations to know in advance when corporate changes are underway. Changes before the PERM is certified/ I-140 is […]
Can a foreign national receive a raise during the PERM process? Yes. However, it’s important to know when the raise will go into effect to determine whether one will encounter any ramifications with the timing of the increase. You should be strategic in advising the sponsoring employer contact as to when the most opportune time […]
As part of the PERM process, an employer must conduct a recruitment campaign prior to filing with the Department of Labor (DOL). Provided the employer can pay the prevailing wage amount, recruitment must be started prior to the prevailing wage expiration date. Required forms for recruitment: Notice of Filing (NOF)/Internal Posting Notice (IPN) Job Order […]
For I-9 purposes, when an employer acquires new employees through a merger or acquisition, the employer has two options for employees who will be continuing with the new organization. Treatment as “New Hires” The acquiring employer may treat them as new hires and complete new Forms I-9 for all new employees. If the employer decides […]
The PERM Notice of Filing (NOF) – also referred to as an Internal Posting Notice (IPN) and not to be confused with the H-1B LCA posting notice – is intended to notify a company’s U.S. workforce that a labor certification may be filed for a foreign worker for a job opportunity with the employer. The […]
If you’ve ever applied for a U.S. visa, you might have heard the term dual intent. Many people don’t know or understand this concept – watch the video below for the break down. You can also read more in our PERM/Green Card Center and Universal Visa Services page. If you have any questions, contact Berardi […]
Is the PERM position remote? In the office? Or hybrid? Check out the video below to see why it matters and check out Berardi’s PERM/Green Card Center for more info. If you have any questions, contact Berardi Immigration Law today. We would love to hear from you.
Berardi Immigration Law has an excellent PERM Green Card team that can help your company navigate the complex PERM green card process, especially when it comes to tricky recruitment issues. What does good faith recruitment mean exactly? Partner Jennifer Behm shares more on everything you need to know in the video below. Be sure to […]
The PERM green card process a time-consuming and expensive investment that requires thoughtful strategizing at the outset. Here are three things to consider before starting the PERM case. Watch our video below and for more info go to our PERM/Green Card Center. If you have any questions, contact Berardi Immigration Law today.
Receiving an audit during the PERM process can be a stressful and confusing speed bump when trying to obtain an employment based green card. If you know how the auditing process works, and what purpose it serves, then preventing and navigating an audit can be much easier. To be well informed, it is important to […]
In order to receive a PERM green card approval, a foreign national must have the necessary experience required for the job opening. Generally, an applicant must have gained the minimum employment experience requirement prior to joining the employer sponsoring the PERM application (with some exceptions). You can learn more about PERM Green Cards in our […]
On January 14, 2021, the U.S. Department of Labor (DOL) published a final rule, Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States, changing how wage levels are computed under the DOL’s four-tier wage structure. The January 14, 2021 rule is a revised version of a similar DOL rule, […]
The coronavirus (COVID-19) pandemic has put a strain on U.S. employers and the foreign workers they hire. Program Electronic Review Management (PERM) processing times have increased, and employers are seeing a sudden uptick in audits by the U.S. Department of Labor (DOL). The PERM process is the first step of the green card process for foreign […]