The PERM labor certification process involves a permanent job offer by a U.S. company that wishes to sponsor a foreigner to obtain the Green Card. In doing so, the employer must demonstrate to the Immigration and Citizenship Services (USCIS) and the Department of Labor(USDOL) that there isn’t anyone qualified or willing to do the job duties for a specified wage or salary.
Obtaining a PERM Labor Certification for Foreigners requires 5 stages and requirements:
The foreigner must meet the qualifications of the job offer.
Must have a sponsor employer willing to carry out the labor certification process.
Recruitment Process. The employer will place job advertisements on the internet and trade magazines to prove “no american is interested or qualified for the job offer. This stage takes approximately 90 days.
File the ETA-9089 with the United States Department of Labor for the labor certificate. Then, obtain the permanent labor certification, issued by the Employment and Training Administration of the Department of Labor.
If the worker is abroad, it is required to request the approval of an immigrant visa through consular processing. This procedure is carried out through the so-called consular process at an embassy or consulate.
After the USDOL approves the case, an employment-based petition, otherwise known as the I-140, is filed with USCIS. At this stage, the employer must prove that the company has the ability to pay the offered salary. The deadline to submit this request is 180 days. If the foreigner is inside the U.S., then the I-140 is filed concurrently with the I-485 applications. At this stage, the foreign worker will obtain a work permit, social security card and can also file for a drivers license.
The labor certification process can take 1.5 years or longer to obtain the work permit and then even longer for the actual green card. Processing times can change and vary based upon regions in the country. Please contact us directly for the most up to date processing time frames.
