PERM Labor
Certifications
Applying for permanent U.S. residence based upon an
employment offer is generally a three-step process
involving the U.S. Department of Labor and the
Immigration and Naturalization Service.
Step 1
Request Local Prevailing Wage. Conduct recruitment
correctly according to what the job level of the job in
question. Submit eta9089 form by mailing or filing
online.
Step
2
Once an employer has obtained labor certification, the
employer may move on to the second step of the permanent
residency process which involves the filing of an I-140
Petition for Immigrant Visa with the Immigration and
Naturalization Service (INS). The employer must submit
evidence that a position is still available for the
employee and that the employer can pay the offered wage.
Current processing time for an I-140 petition is
approximately 120 to 300 days depending on the region of
filing.
Step
3
The final step of the permanent residency process is
called the Adjustment of Status. If the permanent visa
numbers are available for the individual's particular
classification, the approved I-140 petition is filed
with an I-485 application for adjustment of status for
the alien worker and each member of his/her immediate
family. An alien's "priority date" determines whether an
immigrant visa is immediately available. An application
for adjustment for permanent residency can only be filed
if an immigrant visa is immediately available for that
alien. The current processing time of the I-485
application with an available visa is approximately 240
to 365 days. Upon approval of the I-485 application, the
alien worker will become a permanent resident of the
United States.
Check The
Visa Bulletin for current visa number availability
