The PERM Labor Certification Process & the I-140: Complete Guide

Introduction

This tutorial provides a comprehensive guide to the PERM Labor Certification process and the I-140 petition, essential steps for obtaining an EB-2 or EB-3 green card in the United States. Whether you're considering asking your employer for sponsorship or looking to sponsor an employee, this guide will outline the key requirements, common pitfalls, and best practices to improve your chances of success.

Step 1: Understand the PERM Process

• Definition: The Program Electronic Review Management (PERM) is a process to certify that there are no qualified U.S. workers available for the position being offered to a foreign worker.
• Importance: It is the first step in obtaining an EB-2 or EB-3 employment-based green card.

Step 2: Determine the Prevailing Wage

• Prevailing Wage Determination: Employers must obtain a prevailing wage determination from the Department of Labor (DOL).
  • Visit the DOL website to submit a request.
  • Ensure the wage is aligned with the job location and industry standards.
• Tip: Plan for the prevailing wage determination to take time; start this process early.

Step 3: Conduct Recruitment

• Recruitment Efforts: Employers must demonstrate that they have conducted adequate recruitment to find U.S. workers.
  • Post job ads in local newspapers and on the DOL's job bank.
  • Ensure postings are active for at least 30 days.
• Documentation: Keep records of recruitment efforts, responses, and any interviews conducted.

Step 4: Complete the ETA Form 9089

• Filing the ETA Form 9089: This form is submitted to the DOL to initiate the PERM process.
  • Include details about the job, employer, and foreign worker.
  • Double-check for accuracy and completeness before submission.
• Common Mistakes: Avoid errors such as incorrect job titles or misrepresented qualifications, which can lead to delays or denials.

Step 5: Address Common Mistakes

• Stay Informed: Understand frequent pitfalls in the process, such as:
  • Incomplete recruitment documentation.
  • Failing to follow DOL guidelines.
• Recommendation: Review the DOL’s guidelines thoroughly and consider consulting with an immigration attorney.

Step 6: File the I-140 Petition

• Transition to I-140: After receiving PERM approval, the next step is to file the I-140 Immigrant Petition for Alien Worker.
  • Ensure all documentation is accurate and supports the case for the foreign worker.
• Choose the Correct Category: Determine whether to file under EB-2 or EB-3 based on the worker’s qualifications and job requirements.

Step 7: Choose the Right Attorney

• Selecting an Attorney: Choose an immigration attorney experienced in PERM and I-140 processes.
  • Verify their credentials and past case successes.
  • Discuss fees and services upfront to avoid surprises later.

Conclusion

Successfully navigating the PERM Labor Certification process and filing the I-140 petition requires careful attention to detail and adherence to guidelines set by the Department of Labor. By understanding the steps involved, determining the prevailing wage, conducting thorough recruitment, and selecting the right legal support, you can improve your chances of a successful application. For further information, consider reaching out to legal professionals or consulting additional resources provided by the DOL.