The process for obtaining lawful permanent residence based on employment is composed of three phases: the labor certification aka PERM, the Immigrant Visa Petition, and the Application for Permanent residence. The purpose of this email is to describe the three phases and provide you with information regarding the company’s involvement in each phase.

STEP 1: PERM Labor Certification (PERM)

The first step involved in the process of sponsoring an employee for legal permanent residence is to obtain a labor certification from the U.S. Department of Labor (DOL). Initially, a “labor certification” (or called PERM) is a certification by DOL that a shortage of qualified U.S. workers exists to fill the position held by the sponsored alien employee, and that the company is paying or will pay the employee the “prevailing wage.”

1. Initial Process: This process first starts with our assistant to identify and evaluate the job requirements and job duties. Since DOL will ultimately be making a decision as to whether there is a shortage of U.S. workers, we need to decide whether we have a credible case to pursue. When the employers fills out the employer questionnaire, please take into consideration that the PERM application functions as a future job offer, meaning that it is not tied to the foreign worker’s current role. Instead, it represents the position that the employer expects the worker to perform once his/her green card is approved by USCIS. This distinction is important because the entire PERM and green card process can take at least 3 years or more. - Estimated Processing Times: 1-2 months

2. Prevailing Wage Determination: Assuming that a decision is made to move forward, we will request a Prevailing Wage Determination (PWD) based on the duties and requirements to the Department of Labor. - Estimated Processing Times: Application: 4-6 months

3. Recruitment: Once the prevailing wage has been obtained, the next step is to recruit. The recruitment process must be handled according to very strict DOL guidelines that are not like what an employer would typically do to recruit a new employee. In the recruitment process, we will work with you to develop the proper language for the advertisements and assist you in deciding which of the 10 additional recruitment efforts will be most appropriate for you. Please note if all the applicants for the job cannot be disqualified for a lawful reason, the PERM application cannot be filed. - Estimated Processing Times: 2 months

4. Application for Permanent Employment Certification: Last, if there are no “available and qualified” U.S. workers to fill the position, we will electronically file the ETA 9089, Application for Permanent Employment Certification (PERM) with the DOL. The date the application is filed becomes the employee/beneficiary’s Priority Date. Our experience has been that, under normal circumstances, the labor certification is granted after review by DOL, although there may be an interim step called an “audit” where DOL might request more documentation or information or might require additional supervised recruitment. DOL might deny the application, as well. - Estimated Processing Times: 16-18 months (additional 4-6 months if the case is audited)

Please note the labor certification is valid only as long as three things remain unchanged: the foreign worker continues to work (1) for the same employer, (2) at the same location, and (3) doing the same job. Therefore, any of significant changes in job duties or location before legal permanent residence is obtained will probably invalidate the labor certification, thus making the applicant ineligible for permanent residence.

If you are contemplating any promotions or changes in job title, job duties, or job location for the position being certified, it would be advisable to make them before the labor certification process is started, or inform us of any planned changes or promotions, preferably before we start this process, so we can anticipate these changes when we draft the forms.

STEP 2: From I-140 Immigrant Visa Petition

Estimated Processing Times: 15 business days (premium processing with extra cost) or up to 6 months

From the date of the PERM approval, the employer has six months to file an I-140 Immigrant Petition on behalf of the employee. Upon receiving an approved labor certification, our office prepares a visa petition, which will be signed by the employer and submitted to U.S. Citizenship and Immigration Services along with the approved labor certification.

At this time, the employer must submit documentation establishing the company’s ability to pay the employee’s proffered wages. In addition, we will be submitting documentation received from the employee verifying that he or she meets all of the minimum requirements listed in the labor certification.

STEP 3: Wait for the Visa Number to be Available

Once the I-140 Immigrant Petition is approved, the employee does not automatically receive a green card. The next steps depend on the availability of an immigrant visa number, which is controlled by the U.S. Department of State. After I-140 approval, the employee must wait until an immigrant visa number becomes available. Visa availability is determined by the Department of State Visa Bulletin (see Visa Bulletin), which is published monthly.

• Each employee has a priority date, which is usually the date the PERM labor certification was filed.

• A visa number is considered available only when the employee’s priority date is earlier than the applicable cutoff date shown on the Visa Bulletin.

• Due to high demand, employees born in India and China often face long waiting periods before a visa number becomes available.

STEP 4: Application for Lawful Permanent Residence (Adjustment of Status or Immigrant Visa)

Estimated Processing Times: 12 to 18 months

Once a visa number becomes available, the employee may proceed with the application for lawful permanent residence. The process differs depending on whether the employee is physically present in the United States or outside the country.

If the employee is legally in the United States, they may file Form I-485, Application to Adjust Status, with U.S. Citizenship and Immigration Services (USCIS). At the same time, eligible family members—specifically the employee’s spouse and unmarried children under 21 years of age—may file their own I-485 applications as derivatives. To determine when your employee can submit the I-485 application, please refer to the “USCIS Adjustment of Status Filing Charts from the Visa Bulletin” (“USCIS Visa Bulletin”). While the I-485 application is pending, the employee and their family members may also apply for temporary work authorization (EAD) and travel permit (Advance Parole), which allows international travel during the pendency of the application. These interim benefits are not issued immediately and typically take several months to be approved.

If the employee is outside the United States, they will instead apply for an immigrant visa through the U.S. Department of State via consular processing at a U.S. embassy or consulate abroad.

At this stage, the employer’s role following I-140 approval is generally limited. In most cases, the employer is only required to provide a letter confirming the employee’s continued employment in the sponsored position and, in some instances, to sign or notarize a job offer confirmation form. The majority of the work during this phase involves collecting and preparing the employee’s personal documentation, such as birth certificates, marriage certificates, and related records. Our office will primarily be assisting the employee with these requirements to complete this stage of the process.

Your employee will be eligible to receive their green card once the I-140 priority date becomes earlier than the “Final Action Date” listed on the Visa Bulletin.

At the end of this step, the employee will be granted permanent residence and, shortly thereafter, be issued a “green card” as evidence of permanent residence. At this point, our representation of your company will come to an end, at least regarding that particular employee.