EB-2

Introduction To PERM Based Green Card: 3 steps

1st step in the green card process:

Employer must show that no US workers are qualified or willing to take the job by filing labor certification application (or PERM).

2nd step in the green card process:

Employer files immigrant visa petition (I-140).

3rd step in the green card process:

Employee files adjustment of status, or “green card” application (I-485). The employer must confirm that the job is still offered to the employee.

First a wage request is submitted to the Dept. of Labor (DOL). Wage is determined by job duties and requirements.
Once the wage is determined, the employer conducts recruitment for approximately 1-2 months. If no US workers are willing or qualified the PERM may be filed

Perm may take 3-6 months to be certified. The DOL may audit the PERM, requiring the employer to provide recruitment and applicant documentation.

This will delay the process by 2-4 months.

Must provide documentation of employee’s qualifications for the position, including university degrees, certifications, and letters describing the necessary experience acquired in detail.

Employer must show ability to pay the required wage (provide tax returns, paystubs).
If filed with premium processing the immigrant visa may be approved in 15 days.
When I-140 is approved, priority date is locked in.

If the employee’s priority date is “current” when PERM is certified, this application may be submitted with I-140 immigrant visa petition. For Chinese and Indian nationals there is a extensive backlog.
EB-2: job must require a least a master’s degree or a bachelor’s degree and 5 years of progressive post-bachelor’s experience.
EB-3: job must require at least a bachelor’s degree.
Currently there are not much differences between the backlogs for EB-2 and EB-3 for Indian and Chinese nationals.
Currently adjustment of status applications take at least a year to be adjudicated. All applicants are required to attend an interview.

The PERM must be filed at least one year before the max-out date of the H-1B. The max out date is the 6th year of H-1B status. If the PERM is not filed by then, the H-1B cannot be extended further. It is important to start as early as possible.
Before filing, procure letters that detail accurate employment dates and the skills that are needed for the job.
If you change jobs and your new employer applies for PERM, you may be able to keep your priority date.
If an adjustment of status application is pending over 6 months you may be able to change employers without needing to get a new PERM.

Jason Jia

Managing Partner

Matthew Kolodziej

Partner