A Labor Certification is the most commonly used employment-based opportunity for obtaining a green card. It consists of a three-step process which requires certification by the Department of Labor and approval by U.S. Citizenship and Immigration Services.
A Labor Certification is the most commonly used employment-based opportunity for obtaining a green card.
It consists of a three-step process which requires certification by the Department of Labor and approval by U.S. Citizenship and Immigration Services.
The PERM process is strictly controlled by the U.S. Department of Labor (“DOL”), and requires the sponsoring employer to recruit for the position. As part of the recruitment process, the sponsoring employer must complete a series of advertisements in order to prove that no minimally qualified U.S. workers could be found who were able and willing to accept the position on a permanent basis. The recruitment activities include print ads in the newspaper, a posting at the work site, and a posting with the State Workforce Agency, among others.
The first part of the PERM process consists of requesting a Prevailing Wage Determination. The Wage for the position will be determined by the U.S. Department of Labor based on the geographical place of employment and the requirements for the position.
The second part of the PERM process consists of the recruitment period. Resumes of any applicants who have applied for the position will be send to the sponsoring employer. The sponsoring employer will review each resume, and if necessary, conduct interviews with the applicants who appear to meet the minimum requirements of the position. At the end of the recruitment period, if the employer is able to prove that at least one open permanent position continues to exist, the labor certification can be filed.
The PERM is then electronically filed with the U.S. Department of Labor. Once the U.S. Department of Labor concludes its review of the application, the application is certified or denied.
For the second step of the process, the sponsoring company will file a Form I-140 Petition for Immigrant worker with the U.S. Citizenship and Immigration Services. With the I-140 Petition, the sponsoring company must demonstrate their ability to pay the prevailing wage salary. Evidence that should be submitted in support of the sponsoring company’s ability to pay includes: The sponsoring company’s most recent U.S. Corporation Income Tax Return, and the applicants three (3) most recent pay stubs for employment at the sponsoring company (if applicable). Additionally, the applicant will submit letters confirming his/her past employment experience, and proof of other professional credentials.
The Form I-140 and supporting documentation will be submitted to the U.S. Citizenship and Immigration Services. Once the U.S. Citizenship and Immigration Services concluded its review of the petition, it will be approved or denied.
Once the I-140 Petition is approved and there is an available immigrant visa number in your category, you will be able to proceed to the final step of the process. This process differs depending whether you are present in the United States or outside of the United States.
If you are present in the United States, and eligible to file an Adjustment of Status, we will file an I-485 Application to Register Permanent Residence. The I-485 Application will also include an Application for Employment Authorization (Work Permit), and an Application for Travel Document.
If you are outside of the U.S., your residence will be processed through the U.S. Consulate in your home country.