PERM Certifications

The first step in the PERM cert process is a review of the role to establish eligibility for the specific PERM.

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PERM certification is a labor certification process required for employers seeking to sponsor foreign workers for permanent residency in the U.S. through employment-based immigrant visas.

For several employment categories, the petitioning employer must prove that no qualified U.S. workers are available for the position offered to the foreign worker and that hiring the foreign worker will not negatively affect the wages and working conditions of similarly employed U.S. workers. The process is overseen by the U.S. Department of Labor (DOL) and is a crucial step in the employment-based green card application process. Other employment-based PERM categories are considered self-petitions and do not require establishing that no U.S. workers are available or that the wages for the field would not be negatively affected.

TYPES OF PERM CERTS

EB1 Priority Workers

Extraordinary ability, outstanding professors and researchers, multinational managers or executives

EB2: Non-National Interest Waiver Cases

Foreign Nationals who hold advanced degrees or have exceptional ability including National Interest Waiver Cases

EB3: Third Preference Category

Professionals, skilled workers, and other workers

EB4: Religious Workers & Other Special Immigrants

Religious workers, court dependents, returning residents, and others

EB5: Immigrant Investor Program

Made an investment in a business in the U.S., and that business will create/maintain an already existing minimum of 10 permanent full-time positions for qualified US workers

APPLICATION PROCESS

EB1

• Prepare the evidentiary support establishing eligibility under extraordinary ability, outstanding professor/researchers, or multinational manager or executive
• File form I-140 as self-petition: Petition for Alien Worker and supporting documentation
• When I-140 is approved, the I-485 Application to Register Permanent Residence may also be filed as long as the current EB1 preference category priority date

EB2 & EB3

• Employers must first file the Prevailing Wage with the Department of Labor, which will determine the minimum wage for the position
• Employers must conduct recruitment efforts to test the labor market for U.S. workers, including advertising the job opportunity, interviewing applicants, and documenting the recruitment process
• After recruitment, the employer files a PERM application with the DOL, providing evidence of their efforts to recruit U.S. workers and detailing the job requirements and qualifications
• The DOL reviews the application to ensure compliance with regulations. The employer can proceed with the subsequent green card application steps if approved

EB4

Depending on the type of EB4 case, your employer may be required to first file form I-360 Petition for Amerasian, Widower, or Special Immigrant. For some categories, a self-petition is necessary rather than an employer petition. If the priority date for the EB4 category is current, the applicant may file form I-485 Application to Register Permanent Residence.

EB5

• The application is filed on Form I-526 (Immigrant Petition by Standalone Investor) with USCIS.
• If the preference category is current for a foreign national country/region, the applicant may also file the I-485 Application to Register Permanent Residence or Adjust Status concurrently.
• Usually, Permanent Resident status is subject to conditions and requires filing form I-829, Petition by Investor to Remove Conditions on Permanent Residence, 90 days before completing two years in LPR status.

TYPICAL TIMELINES

EB1

1. No prevailing wage, recruitment, or labor certification is required for this category
2. Form I-140 is filed directly with USCIS. Adjudication for this petition varies but can take between 15-20 months
3. Form I-907 can be filed to request Premium Processing on the underlying Form I-140 for an additional government filing fee. If expedited processing is requested, adjudication may occur in as little as 15 days from filing

EB2 & EB3

1. Documentation gathering and preparation for Prevailing Wage (2-3 weeks)
2. Prevailing Wage Determination by DOL (varies/up to 10 months)
3. The completion of the first two steps may not be necessary if the applicant is requesting a National Interest Waiver
4. Recruitment Step of the PERM case (approx two months)
5. PERM Labor Certification with the Department of Labor (8-12 months)
6. In cases where the application is audited or requires additional documentation, the process may be further delayed as the employer responds to the DOL’s requests
7. Once the PERM application is approved, the employer can file the immigrant visa petition (Form I-140) with the USCIS on behalf of the foreign worker, initiating the final stages of the green card process
8. If the EB2 or EB3 priority date is current, an I-485 Application to Register Permanent Residence may be filed concurrently with the I-140 application

EB4

1. Gather supporting documents, prepare form I-360 and supporting evidentiary packet (3-4 weeks)
2. File form I-360 Petition for Special Immigrant (USCIS varies/approx. 6 months)

EB5

1. Document gathering and Preparation of I-526 form and supporting documents with a legal representative (4-5 months)
2. Form I-526 Immigrant Petition by Standalone Investor filed with USCIS/IIPO (Varies/85 months for China mainland and 55 months for all other areas/regions)

It’s essential for both the employer and the foreign worker to ensure they meet all eligibility criteria, provide accurate information, and adhere to legal requirements throughout the application process to increase the chances of a successful PERM Labor Certification. Additionally, the process may vary depending on specific circumstances, so consulting with an immigration attorney or expert is advisable to navigate any complexities.

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Additional Resources

• U.S. Citizenship and Immigration Services (USCIS)
  USCIS Information on PERM Certs