PERM Labor Certification Process for Employers

The PERM labor certification process is most commonly used for employers to sponsor foreign national employees for permanent residence (a green card) in the United States. Sponsoring an employee for the PERM process can be a great way to retain top talent, and to allow your employees to remain in the U.S. long-term. Sumner Immigration Law helps you seamlessly navigate the process.

PERM Green Card Process

There are three major stages to the PERM green card process: 1) PERM Labor Certification Application, 2) I-140 Petition, 3) I-485 Application (if the foreign national is in the U.S. in valid immigration status) or Consular Processing (if the foreign national is currently outside the U.S. or chooses to apply for an immigrant visa at the U.S. consulate outside the U.S.).

PERM Labor Certification

The purpose of the PERM labor certification is to establish that no U.S. worker meets the minimum requirements for the position that the foreign national employee holds or will hold in the future. Does this sound impossible? It’s definitely not, and we are here to help you craft a strategic, successful, and stress-less plan!

The DOL has very specific regulations that dictate a specific process for PERM certification. First, the employer must test the market by placing a series of ads that list the specific minimum requirements for the position. If the employer receives resumes or applications that indicate the applicant may meet the minimum qualifications for the position, the employer must contact them for further information or to set up an interview.

The employer is not required to hire potentially qualified applicants. Assuming the employer does not find qualified U.S. workers, we can then file the PERM labor certification application online. Once the DOL certifies the application, we can move on to the second stage, which is the I-140 petition.

I-140 Petition

Once the PERM labor certification application is approved, the employer can file the I-140 petition with USCIS. The requirements of the I-140 petition include:

  • Showing that the foreign national beneficiary meets the minimum requirements for the position (we submit copies of degrees, transcripts, credentials evaluations, letter of experience, and similar documentation).
  • Showing that the employer has the ability to pay the required (proffered) wage, which is set during the PERM labor certification process. For this, we submit the foreign national’s pay stubs if they are currently working for the employer, and a copy of the employer’s most recent tax returns, annual report (if publicly traded), or audited financial statements.
  • Confirming that the position is available for the foreign national. For this, we simply submit a confirmation letter from the employer.

I-485 Application for Adjustment of Status (Green Card Application)

The third and final stage is the I-485 application (also called the green card application). For the stage, the foreign national submits information about themselves and accompanying family members (spouses and minor children), with our assistance.

At this stage the foreign national can also apply for a work permit (employment authorization document, or EAD) and a travel document (advance parole document, or AP). Many times the employee will have to wait for their priority date to become current before they can submit the I-485 application. We work closely with our clients (employers and employees) to create a plan for continued employment, to the extent possible, while clients are waiting for the priority date to become current.

Alternatively, sometimes the employer will sponsor a foreign national who is currently living overseas. In this case, instead of filing the I-485 application, the foreign national would apply for an immigrant visa at the U.S. consulate overseas, when the priority date is current. We also assist clients with this process.

Regardless of the route you choose, the Sumner Immigration Law team is here to help you navigate the process with transparency and confidence.

Additional Information

For additional information or to talk with our team about the employment-based PERM green card process, reach out to us through our online contact page.