1. What is an Employer-Sponsored Green Card?

An employer-sponsored green card allows foreign nationals to live and work permanently in the U.S. through an employer’s sponsorship. This green card is an option for individuals who are offered a permanent job in the U.S. in a specialty occupation. The employer acts as the petitioner, while the foreign worker is the beneficiary.

There are three main categories of employment-based green cards:

• EB-1: For individuals with extraordinary abilities in their field.
  
  
  

• EB-2: For professionals with advanced degrees or exceptional abilities.
  
  
  

• EB-3: For skilled workers, professionals, and other workers.
  
  
  

One of the key steps in the process, especially for individuals applying under the EB-2 and EB-3 categories, is the PERM labor certification.

2. What is the PERM Labor Certification?

The PERM (Program Electronic Review Management) labor certification is a process by which an employer proves that there are no qualified U.S. workers available for the position that the foreign worker is seeking. Essentially, the employer must show that the foreign worker will not negatively impact the U.S. job market by filling the position.

The PERM labor certification is required as part of the employer-sponsored green card process and serves to ensure that hiring a foreign worker will not displace a U.S. worker. It also guarantees that the foreign worker will be paid a fair wage, as determined by the Department of Labor (DOL).

3. The PERM Process: Step by Step

The PERM process is divided into several stages. Here’s a step-by-step breakdown:

Step 1: Determine Job Requirements

The employer must first define the job requirements for the position. These include education, experience, skills, and job duties. The employer must ensure that the position aligns with the specific requirements for a green card in one of the employment-based categories (EB-2 or EB-3).

Step 2: Recruitment Efforts

Before filing a PERM application, the employer must conduct a recruitment campaign to ensure that there are no qualified U.S. workers available to fill the position. The recruitment efforts typically include:

• Advertising the job in specific media outlets (newspapers, online job boards, etc.).
  
  
  

• Posting the job at the worksite.
  
  
  

• Conducting recruitment for at least 30 days.
  
  
  

The employer must keep a record of the recruitment efforts, including copies of the advertisements, responses, and interviews, in case the Department of Labor requests them during an audit.

Step 3: File the PERM Application

Once the recruitment efforts are complete, the employer files the PERM labor certification with the Department of Labor (DOL) electronically. The application contains details about the employer, the position, and the foreign worker, including job descriptions, salary, and education and experience requirements.

Step 4: PERM Processing by the DOL

After the application is filed, the Department of Labor will review the application. This can take several months, depending on the caseload and any issues that arise. There are two possible outcomes:

• Approval: If the DOL is satisfied that the employer has made a good-faith effort to recruit U.S. workers and that the job requirements are legitimate, the PERM application will be certified.
  
  
  

• Audit: If the DOL has concerns about the application, they may request additional documentation or conduct an audit. Employers must be prepared to provide all necessary records and evidence to avoid delays.
  
  
  

Step 5: I-140 Immigrant Petition

Once the PERM labor certification is approved, the employer can file an I-140 Immigrant Petition for Alien Worker on behalf of the employee. The I-140 petition establishes the eligibility of the foreign worker for a green card based on the employer’s sponsorship.

The I-140 must be filed with supporting documents, such as the approved PERM certification and proof of the worker’s qualifications (education, work experience, etc.).

Step 6: Adjustment of Status (I-485)

After the I-140 petition is approved, the employee can apply for a green card by filing an I-485 Application to Adjust Status if they are already in the U.S. This application changes the worker's status from a non-immigrant to an immigrant (permanent resident).

If the worker is outside the U.S., they will need to go through consular processing at a U.S. embassy or consulate in their home country.

4. How Long Does the PERM Process Take?

The PERM process can take several months, depending on various factors such as processing times at the Department of Labor and whether an audit is requested. On average, it takes about 6-12 months for the PERM application to be processed. After the PERM is approved, the I-140 and I-485 petitions can take additional months or even years, depending on the worker’s country of origin and the category under which they’re applying.

5. The Role of an Immigration Lawyer in the PERM Process

The PERM process can be complex, and mistakes along the way can cause delays or even denials. This is where the expertise of an immigration lawyer becomes invaluable. An immigration lawyer can:

• Help define the job requirements and ensure they align with green card categories.
  
  
  

• Guide the employer through the recruitment process and ensure compliance with DOL requirements.
  
  
  

• Prepare and file the PERM application, ensuring all necessary documentation is included.
  
  
  

• Advise on the next steps after PERM approval, including the filing of the I-140 and I-485 petitions.
  
  
  

• Represent the employer or employee in case of an audit or any issues with the DOL or USCIS.
  
  
  

Having legal assistance throughout the PERM process increases the chances of a successful outcome and minimizes the risk of delays.

6. Conclusion: Is the PERM Process Right for You?

For foreign workers seeking permanent residency in the U.S. through an employer-sponsored green card, the PERM labor certification process is a critical first step. While it can be time-consuming and complex, with the right guidance, it offers a pathway to achieving your U.S. residency goals.

If you're considering applying for an employer-sponsored green card, it's essential to work with an experienced immigration lawyer who understands the nuances of the PERM process and can help navigate each step. Reach out today to learn more about how the PERM process can work for you.