PERM Employment Green Card

If your company is looking to hire foreign workers, contact Porter Law Office, LLC to review your options, establish a hiring plan that meets your specific needs, and implement that plan to secure the necessary work authorizations.

Many employers hire foreign nationals in temporary positions—such as H-1B visas—and later decide to sponsor that worker for a green card through PERM. Porter Law Office, LLC can assist you with PERM and other employment-based immigration issues.

The PERM Process Requirements

The PERM process is generally comprised of three major stages: (i) the filing of the labor certification; (ii) the approval of Form I-140, Petition for Alien Worker; and (iii) filing for the green card on Form I-485, Application to Register Permanent Residence or Adjust Status once the employee’s priority date is current.

Each major stage requires compliance with applicable governmental rules and regulations. Carefully planning must done at all stages of the PERM process.

Recruitment, I-140, and I-485

As part of the PERM process, the employer must obtain a prevailing wage from the State Workforce Agency (SWA). Then, the employer must place a 30-day job order, an internal notice within the employer’s premises for 10 business days, and engage in substantial recruitment, which must have occurred within very specific deadlines set forth under the immigration regulations.

As part of the labor certification, the Department of Labor (the “DOL”) must certify to the USCIS that there are not sufficient U.S. workers able, willing, qualified and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. This task is accomplished by means of the recruitment process.

After the labor certification has been approved, the employer must file a petition on Form I-140 and eventually the I-485 green card application. The I-485, however, cannot be filed until the workers “priority date” is current meaning that an immigrant visa becomes available. More information can be found on the Department of State’s visa bulletin.

This process is complex and heavily dependent on meeting very specific deadlines. If you are considering hiring a foreign national permanently through PERM, contact Porter Law Office, LLC today.