A Nine-Step PERM Green Card Process and Timeline Overview
This article outlines nine steps from PERM labor certification to I-485, covering job requirements, the prevailing wage determination, recruitment, Form 9089, I-140, priority dates, adjustment of status, biometrics and the interview, with the estimated timeframes stated in the source.
Want to get a U.S. green card through the PERM process? We have prepared a detailed step-by-step guide and timeline, covering everything from defining job duties to filing I-485. Take a look! #USGreenCard #PERM #ImmigrationGuide
Step 1: Define Job Duties and Minimum Requirements
The first step involves a series of communications among the attorney, the employer, and the employee to determine the key details of the job for which the employee is being sponsored. These details include the job title, job duties, minimum education and experience requirements, work location, number of employees supervised, and other important information. The employer must define the job requirements in accordance with Department of Labor (DOL) regulations and realistic business practices. The employee must be able to demonstrate that they possessed these requirements at the time of accepting the job offer. Prior work experience and education must be properly documented. Changes to job duties, minimum requirements, or location may require restarting the entire process.
This step may take 2-4 months.
Step 2: Request a Prevailing Wage Determination (PWD) from the DOL
Once the job details are determined, a prevailing wage request must be submitted online to the Department of Labor (DOL). The DOL determines the prevailing wage for the specific area based on job duties, minimum requirements, and other details. If the position is covered by a collective bargaining agreement, relevant documents must also be submitted to the DOL.
The prevailing wage determination sets the minimum wage the employer must pay once the employee becomes a lawful permanent resident. Currently, the DOL takes 6-8 months (10 months for union positions) to decide the prevailing wage.
Step 3: Conduct Recruitment
Once the prevailing wage determination is being processed, your legal team will discuss the timing of advertising. Based on the prevailing wage processing time, the expected category and wage level, and your immigration status, your attorney may recommend placing ads before or after receiving the determination.
As a required part of the PERM process, advertising is necessary to test the labor market. This must comply with DOL regulations. The recruitment phase takes at least 2 months—about 1 month of active advertising, followed by a 30-day "quiet period."
If a qualified and willing U.S. worker applies for the position, you will have to pause the process, wait at least 6 months, and then re-test the labor market, possibly with modified criteria.
Step 4: File the PERM Application with the DOL
If no qualified and willing U.S. workers apply by the end of the recruitment period, a PERM application on Form 9089 must be prepared and submitted to the DOL. PERM processing currently takes about 11-12 months, and may take longer if audited. The national audit rate is approximately 25%.
Based on the above information, the labor certification phase (Steps 1-4) is estimated to take about 2 years.
Step 5: File I-140
Once the PERM case is approved, the I-140 petition can be filed. This step involves submitting a petition to USCIS to classify the applicant as an immigrant worker. The employer must prove the company can pay the employee's wage, and the employee must prove they meet all qualifications for the job. This petition must be filed with the certified labor certification (i.e., Form 9089 or PERM), which is valid for only 180 days. It is recommended to prepare the I-140 petition as early as possible so it can be filed immediately after PERM approval.
I-140 processing currently takes about 3-4 months. USCIS offers "premium processing," which can shorten the initial processing time to about 2 weeks.
Step 6: Wait for the Priority Date to Become Current
Depending on the green card category and chargeability country, an immigrant visa may not be immediately available. Please refer to the green card priority dates.
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If the priority date is current at the time of PERM approval, you can immediately proceed to the next step and file the I-485 application together with the I-140.
Step 7: File I-485
The I-485 is the individual green card application filed by the employee named in the I-140 petition and their dependent family members (spouse and children). As long as the priority date remains current, it can be filed after I-140 approval or concurrently.
The adjustment of status application focuses on the employee's individual eligibility for a green card (such as no criminal record or other grounds of inadmissibility). As part of the adjustment application, one can simultaneously apply for travel/work authorization cards to use while the I-485 is pending. The work and travel cards usually arrive 4-5 months after filing. At this point, the employee no longer needs H-1B status but can continue to use H-1B until the green card is approved.
Step 8: Attend the Biometrics Appointment
About 1-2 months after filing, the applicant may receive a biometrics appointment notice. The location will be the USCIS office closest to their residence.
Step 9: Prepare for and Attend the Interview with a USCIS Officer
About 12 months after filing, you will receive an approval, a request for evidence, or an interview notice. During I-140 processing, immigration officers review the employee's green card application and all related immigration documents. At the interview, the employee needs to confirm the job offer is still valid and provide all original civil documents, immigration status documents (H-1B approval, visa stamp, SEVIS records), and the completed medical examination Form I-693 (sealed in an envelope).
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