A Guide to Employment based Green Card via the PERM Labor Certification Process
Employer Sponsored Green Card
PERM Process
Obtaining the US Green Card is a multi-step process. In this guide, I will show you the steps involved in an employment based green card petition.
Step One - Developing a Job Description
The employer must develop a job description and minimum requirements. A lawyer will be able to address any potential issues with the job description and help the employer strategize about recruitment procedures. This step usually takes about a month.
Step Two - Prevailing Wage Determination (PWD)
The employer must then prepare a “prevailing wage request” to the US department of labor (DOL) via the iCert website https://flag.dol.gov. Here, DOL gathers information about the job offer, including job requirements, job duties, and the worksite location. The DOL then uses this information to issue the employer a PWD, specifying the wage for the job. This process can take between a few weeks to a few months.
Step Three - Advertisements and Recruitment
It’s generally beneficial for employers to wait for the PWD before commencing recruitment. The employer then conduct a good faith recruitment to attract any available US workers. Importantly, once the employer begins recruitment, it has between 60 to 180 days to file the Labor Certificate. Additionally, there is a mandatory 30 day “dark period” during which the employer must conduct no recruitment activities.
The employer must carefully document the recruitment process so as to demonstrate to the DOL that no willing and qualified US workers applied for the job. This process could take longer if the employer receives a large number of applicants and need to screen the applicants to determine if any is qualified.
Step Four - Filing ETA 9089 Labor Certification
After the recruitment process and the 30 day dark period, the employer files the PERM application using ETA 9089 electronically. The ETA 9089 provides DOL with information on the employer’s recruitment process, such as where the ads were placed and when they were placed. It also provides information on the worker, such as their education history and work experience.
Step Five - DOL Makes a Decision on Labor Certification
DOL has been known to take more than two months to process labor certifications. If during review, DOL decides that it needs more information to approve the LC, it may conduct an audit on the employer. If DOL decides to audit the LC, the employer will be given 30 days to provide a response.
Next Steps after PERM
After the labor certificate is approved, the employer may file I-140 first, and then I-485 for the employee to adjust their status to green card.