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.

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).

 

  • 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.

2nd step in the green card process: Employer files immigrant visa petition (I-140), when PERM is certified.

  • 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.

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.

 

  • 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.

PERM strategies: start the PERM process as soon as possible and  your employer's full support. The process is complex and it requires your employer to be fully involved.

 

  • 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.

​Relevant Article:

Obtaining Permanent Residence (a “Green Card”) Through Labor Certification (PERM)

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Jason Jia

Managing Partner

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Matthew Kolodziej

Partner

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