EB-3
Introduction To PERM Based Green Card: 3 steps
1st step in the green card process: Employer must show that no US workers are qualified or willing to take the job by filing labor certification application (or PERM).
2nd step in the green card process: Employer files immigrant visa petition (I-140).
3rd step in the green card process: Employee files adjustment of status, or “green card” application (I-485). The employer must confirm that the job is still offered to the employee.
1st step in the green card process: Employer must show that no US workers are qualified or willing to take the job by filing labor certification application (or PERM).
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First a wage request is submitted to the Dept. of Labor (DOL). Wage is determined by job duties and requirements.
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Once the wage is determined, the employer conducts recruitment for approximately 1-2 months. If no US workers are willing or qualified the PERM may be filed
Perm may take 3-6 months to be certified. The DOL may audit the PERM, requiring the employer to provide recruitment and applicant documentation.
This will delay the process by 2-4 months.
2nd step in the green card process: Employer files immigrant visa petition (I-140), when PERM is certified.
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Must provide documentation of employee’s qualifications for the position, including university degrees, certifications, and letters describing the necessary experience acquired in detail.
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Employer must show ability to pay the required wage (provide tax returns, paystubs).
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If filed with premium processing the immigrant visa may be approved in 15 days.
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When I-140 is approved, priority date is locked in.
3rd step in the green card process: Employee files adjustment of status, or “green card” application (I-485). The employer must confirm that the job is still offered to the employee.
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If the employee’s priority date is “current” when PERM is certified, this application may be submitted with I-140 immigrant visa petition. For Chinese and Indian nationals there is a extensive backlog.
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EB-2: job must require a least a master’s degree or a bachelor’s degree and 5 years of progressive post-bachelor’s experience.
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EB-3: job must require at least a bachelor’s degree.
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Currently there are not much differences between the backlogs for EB-2 and EB-3 for Indian and Chinese nationals.
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Currently, any adjustment to status applications take at least a year to be adjudicated. All applicants are required to attend an interview.
PERM strategies: start the PERM process as soon as possible and and obtain your employer's full support. The process is complex and it requires your employer to be fully involved.
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The PERM must be filed at least one year before the max-out date of the H-1B. The max out date is the 6th year of H-1B status. If the PERM is not filed by then, the H-1B cannot be extended further. It's important to start as soon as possible.
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Before filing, procure letters that detail accurate employment dates and the skills that are needed for the job.
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If you change jobs and your new employer applies for PERM, you may be able to keep your priority date.
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If an adjustment of status application is pending over 6 months you may be able to change employers without needing to get a new PERM.
Relevant Article:
Obtaining Permanent Residence (a “Green Card”) Through Labor Certification (PERM)