PERM Visa

Permanent Residence through Labor Certification

If you already live and work in the United States, or want to live and work in the United States, you may be able to obtain a green card through the labor certification process, or employer sponsorship. Your employer will have to work with the U.S. Department of Labor to show that you will not take the place of a U.S. worker. Once the Department of Labor approves your employer’s labor certification filing, your employer must file a Form I-140, Immigrant Petition for Alien Worker to classify in one of the employment based immigrant visa categories. After the Form I-140 is approved and if (or when) an immigrant visa is available, you can apply for an Adjustment of Status, if you already live in the U.S., or for consular processing, if you still live abroad. Because only 140,000 employment based immigrant visas area available and there are more than 140,000 applicants each year, some immigrant visa categories are backlogged. You must check the U.S. State Department’s Visa Bulletin to check if your immigrant visa category is current.

PERM labor certification process

PERM stands for Permanent Electronic Review Management, and currently constitutes a primary path to permanent residence and citizenship for foreign workers employed in the U.S. The term PERM is used interchangeably with “labor certification”. Your employer must initiate the PERM labor certification process and the Immigrant Visa Petition. Once complete, it is your job to follow up with United States Citizenship and Immigration Services (USCIS) to complete the process.

The steps to obtaining a PERM labor certification can be confusing and complex: you and your employer should consult with an experienced, capable business immigration attorney before undertaking the PERM labor certification process.

Labor certification overview

Your employer must engage in a recruitment process to ensure that there are no U.S. workers who are willing, able and qualified for your position, between 180 days and 30 days before your employer files for labor certification on your behalf. In most cases, the employer must publish advertisements on two different Sundays in the local newspaper most appropriate to the job and to potential employees and engage in three other recruitment sources. Your employer may not tailor the job requirements so that only you meet the specifications.

Your employer must attest that it is willing to pay you the prevailing wage for your position in your locality. Your employer must also be willing to hire you on a full-time and permanent basis to fill a bona fide job opening also available to U.S. worker applicants.

Once the Department of Labor processes the labor certification, the Employer must file the Form I-140 – Immigrant Petition for Alien Worker with the USCIS. Once that has been approved, you may apply for an Adjustment of Status with USCIS if you are in the United States in a valid nonimmigrant status. If you are outside the United States, you will apply for an immigrant visa through the U.S. Embassy outside the U.S.

The labor certification process is elaborate and requires precise timing; you and your employer should consult a business immigration lawyer to guide you through the process.

Let a PERM lawyer help you through the labor certification process

If you want to apply for a green card through the employer-sponsored labor certification process, work with an adept and professional Hawaii immigration attorney to simplify and speed the process. The immigration law firm in Hawaii of KahBo Dye-Chiew can help you and your employer avoid Department of Labor audits and other unnecessary delays on the path to permanent residence or citizenship.