What Are the Key Steps in the Perm Process?

Matthew Thomas
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Important to the United States’ employment-based immigration system is the Perm (Program Electronic Review Management) process.

To get a labor certification, which is required for many employment-based green card applications, employers and foreign nationals must go through a lengthy and complex process.

This article will explore the nuances of the Perm procedure by dissecting its core components.

1. Determine Eligibility

Determining eligibility is the first and most important stage in the permanent procedure. There must be a bona fide employment opening that a qualified U.S. worker is unable to fill before an employer can sponsor an H-1B visa.

This usually entails putting out a call for applicants and going through a series of interviews to find the best fit for the role. The Perm process can only move forward if the business can provide evidence that competent U.S. workers are not available.

2. Job Description and Prevailing Wage Determination

After determining that a foreign national meets the requirements, the hiring company must create a thorough description of the position they hope to fill. Detailed job criteria and preferred skills should be listed here.

In addition, the company needs to ask the DOL for a prevailing pay finding. To ensure that the foreign national is not paid less than the going rate for the position, the prevailing wage must be offered.

3. Recruitment Process

In the permanent procedure, it is highly prioritized to hire citizens of the United States first. Therefore, businesses must launch a comprehensive recruitment campaign to gauge interest in the U.S. job market.

Typical methods include putting the opening on the company’s website and advertising it through other channels.

Employers may also need to take more targeted approaches to finding new employees, such as holding or attending job fairs or collaborating with placement services.

Also See: What is the Timeline for the Perm Process?

4. Form ETA-9089 – Perm Application

Form ETA-9089, also known as the Perm application, must be prepared and submitted once an employer has concluded its recruitment efforts and determined that no qualified U.S. employees are available for the position.

There is a lot of information regarding the job opportunity, recruitment efforts, and the foreign national being sponsored on this form, which is entered electronically through the DOL’s web system.

5. Review and Processing by DOL

The DOL checks every application for completeness once it has been submitted using Form ETA-9089.

You need to check that everything from the job description to the hiring process to the prevailing wage is accurate. Additional information or explanation may be requested by the DOL.

6. Audits and Requests for Information

A DOL audit of a Perm application is possible in several circumstances. This necessitates a more in-depth analysis of the supporting paperwork, and may even call for the employer to supply extra proof.

When the Department of Labor conducts an audit, the employer must provide all requested information in a timely manner.

Related: PERM Processing Time: How Long Does it Take

7. Approval of Perm

The DOL will provide a green light for the Perm application if and only if they are happy with it. This implies the company has proven that it cannot find U.S. workers with the necessary skills for the position, and the green card application can move forward.

8. Form I-140 – Immigrant Petition for Alien Worker

With the Permanent Employment Authorization in hand, the company can submit the Immigrant Petition for Alien Worker to USCIS.

With this document, the company affirms its intention to hire the foreign national and proves that the applicant is qualified for the position listed on the Perm application.

9. Priority Date

Priority dates, which are assigned to foreign nationals upon approval of Form I-140, are used to rank them in the queue for green cards. The priority date is used to determine how long they will have to wait for a visa number before moving on to the last step of getting a green card.

10. Visa Bulletin and Waiting for Visa Number

Visa availability varies by country of origin and type of visa sought by foreign nationals. Every month, the U.S. Department of State publishes the Visa Bulletin, which details the amount of visas available in each category and for each nation.

To find out when they can submit their green card application, foreign nationals must check the Visa Bulletin.

11. Adjustment of Status or Consular Processing

If the foreign national is already in the United States when a visa number becomes available, they can petition for adjustment of status; otherwise, they must go through consular processing.

A green card can be applied for by “adjustment of status” while already in the United States, or through “consular processing” at a U.S. embassy or consulate overseas.

12. Visa Interview and Medical Examination

To obtain a visa through consular processing, applicants must appear in person at a U.S. embassy or consulate. The foreign national’s admissibility to the United States will be determined in large part by the results of this interview. They’ll need to get checked out by a doctor to make sure they’re healthy enough to enter the country.

13. Issuance of Immigrant Visa or Adjustment of Status Approval

Following a positive interview and physical examination, an immigrant visa will be provided (for consular processing) or adjustment of status will be granted (for those already in the United States). Taking this action legally establishes them as a permanent resident in the United States.

14. Entry to the United States

Once a foreign individual receives an immigrant visa or adjustment of status approval, they are eligible to enter the United States permanently. They have been granted permanent residency and the right to work in the United States.

15. Conditional Green Card (if applicable)

A conditional green card, valid for two years, may be issued to a foreign national whose marriage is the basis for the green card application. A conditional green card can be converted into a permanent one by filing a joint petition with proof of the couple’s legitimate marriage.

16. Apply for U.S. Citizenship (if desired)

A foreign national who meets the qualifications can petition for U.S. citizenship after having a green card for a certain period (typically five years, or three years if married to a U.S. citizen). This completes the process of becoming a citizen of the United States.

The Bottom Line

The Perm process is a multi-stage ordeal that begins with establishing eligibility and ends with a green card or U.S. citizenship. Planning, documentation, and compliance with immigration laws and regulations are all essential.

To fulfill their immigration aims, both employers and foreign nationals need to carefully manage this process. In order to successfully seek U.S. permanent residency, it is essential to understand the major perm process detailed in this article.

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Immigration attorney Matthew Thomas has 10+ years of expertise. He helps people and families navigate the complicated immigration procedure and achieve their goals. Matthew Thomas has helped customers get visas, green cards, and citizenship through comprehending U.S. immigration regulations. Matthew Thomas volunteers in community events to educate immigrants and promote awareness of immigration issues in addition to his legal practice. Matthew Thomas is a trusted immigration attorney that provides tailored and effective counsel.