The document provides an overview of the process for obtaining a green card through PERM labor certification, including eligibility criteria and application procedures. It outlines the necessary steps for employers and foreign workers, as well as the associated legal requirements and potential audits. The document emphasizes the importance of proper documentation, recruitment, and compliance with labor laws throughout the process.

1. WINNING A GREEN CARD
THROUGH PERM LABOR
CERTIFICATION

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4. Legal Notice
The content provided in this presentation is
informational purposes only and not intended as
legal advice and should not be relied upon as
such. For assistance with your own matter,
consult with one of our immigration attorneys or
another qualified professional.

5. WEBINAR AGENDA
Overview of PERM Labor Certification and Green
Card Process
PERM Labor Certification Nuts & Bolts
Green Card Application Procedures after PERM
Questions & Answers

7. OVERVIEW OF PERM LABOR
CERTIFICATION AND
GREEN CARD PROCESS

8. WHO NEEDS PERM?
All foreign national workers who are employer-sponsored for a
Green Card must undergo labor certification except
• EB-1 Multinational Executive/Manager, Outstanding Researcher,
Extraordinary Ability Worker
• EB-2 National Interest Waiver Worker
• EB-4 Special Immigrant Worker

9. WHAT IS PERM?
PERM = PROGRAM ELECTRONIC
REVIEW MANAGEMENT
--U.S. Department of Labor

10. PERM EMPLOYMENT BASED (EB) CATEGORIES
EB-2 Advanced
Degree
Professional
EB-3
Professional
Worker
EB-3 Skilled
Worker
EB-3 Unskilled
Worker

11. CHOOSING THE RIGHT CATEGORY
Master’s degree or bachelor’s degree
plus five years progressive
experience is required for the position
Employee has the required degree (or
foreign equivalent) and any required
experience
Experience equivalency ≠degree
requirement
EB-2 ADVANCED DEGREE PROFESSIONAL

12. EB-3 Professional
Bachelor’s degree
(Professional) or two
years postsecondary
education or experience
(Skilled Worker) required
by position
Employee possesses
required degree (or
foreign equivalent),
education, or experience
EB-3 Skilled Worker
EB-3 PROFESSIONAL OR SKILLED WORKER

13. EB Green Card Annual Quotas
(October 1 to September 30)
EB-1 Priority Workers
40,000
EB-2 Advanced
Degree/Exceptional Ability Workers
40,000
EB-3 Professional and Other
Workers
40,000
EB-4 Special Immigrants
10,000

14. Green Card Annual Quota
Facts to Know
7% Country Limit
Country of Birth
Spouse’s Country
of Birth
Cross Chargeability
Rule

15. Visa Bulletin – March 2023
Priority Date = Date of PERM Filing
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
Dates for
Filing
Cutoff
Dates

16. PERM NUTS AND BOLTS

17. SPECIAL CONSIDERATIONS BEFORE YOU START
 Employee’s ownership status in sponsoring company, i.e.
shareholder, partner, or member
 Employee’s family relationship to owners of the sponsoring
company
 Travel requirements of the position
 Layoff of US workers in the same position within six months of
application
 Anticipated changes in position or work locations

18. REGULAR PERM PROCESS
Applies to all full-time workers except university teachers,
nurses, & physical therapists
Recruitment must be conducted with 180 days before
application to test the local market for minimally qualified
U.S workers, i.e., US citizens or permanent residents or
asylees
Employer must agree to pay prevailing wage or higher
once the foreign worker received green card (permanent
residence)
PERM REQUIREMENTS

19. REGULAR PERM PROCESS
Duties and qualifications must be customary and usual for
the occupation.
No unduly restrictive job requirements unless “business
necessity” is proved, e.g. foreign language requirement.
Job requirements cannot be tailored to the foreign worker
(beneficiary) qualifications.
PERM REQUIREMENTS (CONT.)

20. DETERMINE THE PREVAILING WAGE
EARLY
Submit ETA9141 Prevailing Wage Determination Request
Locate alternate wage surveys, if OES wage too high
Check OES wage survey http://www.flcdatacenter.com
Establish job description, including educational and experience
requirements

21. ADVERTISEMENT AND RECRUITMENT
Job order with State Workforce Agency (SWA) for 30
days
Two Sunday newspaper ads
For professionals, 3 additional ads
Notice of Filing or job availability posted for 10
business days
Recruitment Report and Resumes

22. ADVERTISEMENT AND RECRUITMENT (CONT.)
Ads must identify
employer accurately
and direct responses to
employer
Ads must describe the
job opportunity
sufficiently to apprise
applicants
Ads must contain the
geographic location of
the job, e.g. Dallas,
Texas
Wage is not required in
ads, but must equal or
exceed prevailing wage
if included

23. ADVERTISEMENT AND RECRUITMENT (CONT.)
Review and
evaluate resumes
upon receipt
Timely contact with
applicants, e.g. 7 -14
days of receipt of
resumes
Document applicant
contacts or attempts
to contact

24. ADVERTISEMENT AND RECRUITMENT
(CONT.)
Analyze qualifications
of applicants against
minimum requirements
(not most qualified)
Screen and interview
based upon normal
company process
Provide objective
and quantifiable
reasons for
rejections

25. ADVERTISING AND RECRUITMENT (CONT)
Recruitment Recordkeeping
Requirements
Employers must maintain
documentation of recruitment efforts for
five (5) years from filing of labor
certification
Employers must prepare a detailed
recruitment report that describes
recruitment efforts
Recruitment report must include number
of applicants and reason for rejection of
each applicant

26. PERM (ETA9089) FILING
ETA9089 is filed electronically at secure
employer account at https://flag.dol.gov/
Employer and employee should review
the ETA9089 before filing
Check processing times at
https://flag.dol.gov/processingtimes

27. PREPARE FOR A POSSIBLE DOL AUDIT
•Recruitment log
•Recruitment report
•Prevailing wage determination
•Notice of Filing, advertisements, job order
•Documentation of business necessity for
special requirements, e.g. foreign language
Prepare PERM Audit File

28. PREPARE FOR A DOL AUDIT (CONT.)
PERM Audits Can Be Random or Triggered by:
•Job duties not normal for occupation
•Qualifying experience gained with sponsoring
employer in comparable position
•Foreign language requirements
•Layoffs for same or similar position
•Sponsored employee owns part of business or has
family relationship with owner of business

29. EMPLOYER OBLIGATIONS
 QUICK FACT
 Must pay all PERM
process costs,
including attorneys’
fees and
advertisement
costs. Sponsored
employee may NOT
reimburse employer
for any PERM
associated
expenses.
 QUICK FACT
 Must conduct
good faith
recruitment effort
WITHOUT
sponsored
employee’s
involvement.
QUICK FACT
Must confirm that
no qualified, U.S.
workers (citizens
or permanent
residents)
responded to the
recruitment.

30. OPTIONAL SPECIAL RECRUITMENT
For college/university teaching position where classroom
teaching is involved
PERM application must be filed within 18 months from
date of job offer letter
Single advertisement in national print journal or 30 days
electronic advertisement

31. OPTIONAL SPECIAL RECRUITMENT
(CONT.)
Salary must meet or exceed prevailing wage
“Most qualified” standard of selection
Selection committee must document that foreign
national is more qualified than US applicants
PERM recordkeeping requirements and potential
audit apply

32. SCHEDULE A PRE-CERTIFICATION
 Registered Nurses, Nurse
Practitioners, Advanced
Practice Nurses
 Physical Therapists
•Pre-certified, no recruitment
required except internal notice
of filing
•Salary must be equal to or
higher than prevailing wage
•Bypass Department of Labor
and apply directly to USCIS

33. GREEN CARD PROCESS
AFTER PERM APPROVAL

34. STEP 2 – I-140 PETITION FOR
IMMIGRANT WORKER
Employer must file I-140 petition within 180 days of PERM
approval
Employer must prove ability to pay the offered wage
(prevailing wage or higher)
Sponsored employee’s qualifications must be documented,
e.g. education, experience
Premium processing option ($2500)

35. EVALUATE ABILITY TO PAY BEFORE
PERM PROCESS BEGINS
Proof of current ability to pay offered wage can
include:
•A statement from the financial officer of the company, if
100 or more employees
•Copies of the following documents for the year of and
year preceding the labor certification, if fewer than 100
employees:
•Annual Report
•Federal Tax Returns
•Audited Financial Statements

36. GET PROOF OF QUALIFICATIONS BEFORE
PERM PROCESS BEGINS
Education, training, and certifications must be
completed before PERM is filed
•Diplomas and/or transcripts
•Training certificates
•Certification letters or documents
Experience required for position must be attained
before PERM is filed
•Detailed letters of experience from previous
employers

37. STEP 3 - IMMIGRANT VISA APPLICATION
Priority date must be current, i.e. immigrant visa number
available in the EB category
Two processing options:
Adjustment of Status petition (in the U.S.) - Form I-485 or
Consular process (outside the U.S.) - Form DS-260
Quick Fact – J-1 Waiver Physicians must complete three-
year medical service before applying for immigrant visa, but
the PERM and I-140 petitions can be filed during the
medical service.

38. ADJUSTMENT OF STATUS (I-485)
Present in the U. S. in valid non-immigrant status and no
status violations for more than 180 days
I-485 filed separately for employee and family member with
USCIS
Employment Authorization Document (EAD)/Travel
Authorization Document (Advanced Parole)
Processing time – 12 months or more, depending upon
priority date and USCIS case load

39. CONSULAR PROCESS (DS-260)
DS-260 Form – file with Department of State
(consulate/embassy) for employee and each family member
International Travel required – Employee and family member
must attend immigrant visa interview at the U.S. embassy
located in home country
Processing time – 12 months or more, depending upon priority
date and consulate

40. TIPS FOR FASTEST PROCESSING
Determine whether I-485 or DS-230 is best or only option
before I-140 is filed
File I-140 and I-485 applications concurrently, if priority date is
current
Use premium processing for I-140 petition, especially if
consular processing
Track cut-off dates against your priority date monthly
at:http://www.travel.state.gov/visa/bulletin/bulletin_1360.html

42. Legal Notice
The content provided in this presentation is
informational purposes only and not intended as
legal advice and should not be relied upon as
such. For assistance with your own matter,
consult with one of our immigration attorneys or
another qualified professional.

43. www.badmuslaw.com
email: immigration@badmuslaw.com
Phone: 214-494-8033
Contact Us at
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