Understanding the PERM Green Card Process

In today’s global marketplace, U.S. employers can and often must hire hard-to-find professionals from locations all over the world. If you are a U.S. employer who wants to hire a non-citizen and sponsor that person for lawful permanent residence in the U.S. – and for long-term employment – the first step is scheduling a consultation with a Chicago immigration attorney.

Every employer’s situation is unique, so employers need personalized immigration advice and services. What steps can an employer take to sponsor foreign-born prospective employees to become green card holders (lawful permanent residents) and to become employable in the U.S.?

Keep reading this brief introduction to hiring non-citizens and sponsoring them for green cards. You’ll learn what steps to take, and you will also learn how a Chicago immigration lawyer will help you and guide you through each step of the immigration-and-employment process.

Where Do Employers Begin?

U.S.-based employers should understand – from the very beginning – that it may take two years or more for a non-citizen to be approved for a green card. However, most non-citizens don’t need a green card to work in the United States. The majority of non-citizens may obtain a temporary work visa while their green card requests are pending.

A Chicago immigration attorney will not only help you sponsor a non-citizen for a green card, but that attorney will also help you to determine which temporary visa your prospective employee should have (while the green card request is pending) and will help you obtain it.

What’s Involved When An Employer Sponsors Someone for Lawful Permanent Residence?

The process of sponsoring a non-citizen for a green card involves three rather complicated steps:

1.  The first step is completion of the permanent labor certification (PERM) process, which may take as little as 6 months or as long as several years
2.  Step two is obtaining approval of the Form I-140 Immigrant Petition for Alien Workers. An I-140 takes about 4 months to process and requires a fee, but for some Form I-140s, an expediting procedure is available to reduce the processing time
3.  The final step is obtaining approval of the Form I-485 Application to Register Permanent Residence or Adjust Status – the green card application. This typically takes about 6 months, and no expediting procedure is available

What Is the PERM Process?

The PERM (Program Electronic Review Management) process requires U.S.-based employers to prove that no U.S. citizen is available as a prospective employee to fill an open position and that wages will not be depressed by hiring a non-citizen for less than a citizen would have to be paid.

PERM requires a U.S.-based employer to place several ads for the job position and to confirm to the U.S. Department of Labor (DOL) that no qualified citizen workers are available for the position.

Most prospective non-citizen workers must wait for the completion of the PERM process before they can receive a green card. What follows is a description of that process.

How Does the PERM Process Work?

First, the U.S.-based employer must spell out the requirements and duties of the position. This may sound easy, but employers should have the advice and insights of an immigration attorney.

Secondly, the U.S.-based employer files a prevailing wage determination request with the Department of Labor. The request provides the DOL with details about the employment opportunity: its duties, requirements, and location.

The Department of Labor then provides the employer with a prevailing wage determination for the position. U.S. employers must pay non-citizen workers at the prevailing wage or higher. The DOL usually takes from five to eight weeks to respond with a prevailing wage determination.

What Are the Remaining Steps in the PERM Process?

Employers may dispute the prevailing wage determination provided by the Department of Labor and request a redetermination. Alternatively, employers may revise a job description and request a new prevailing wage determination. Either way, these are extra steps that create delays.

After accepting a prevailing wage determination, an employer must place ads for the job and interview prospective candidates. An employer must list the job with a state employment agency for at least thirty days and place ads in newspapers and other media.

A thirty-day waiting period begins when the last job advertisement expires. The PERM application may only be filed after the thirty days are complete.

If the PERM application is approved by the Department of Labor, the employer may move to the next step in the green card process and file the Form I-140 Immigrant Petition for Alien Workers.

What Else Should Employers Know About the PERM Process?

The Department of Labor audits PERM applications to make sure that employers adhere to the requirements and regulations. The DOL currently audits about 37 percent of the PERM applications that it receives, and it may audit an application for up to five years after approval.

Thus, employers need to maintain and store accurate records regarding each detail of the PERM process. These records must be maintained for at least five years after the date of the approval.

When your PERM application is approved, your Chicago immigration lawyer will help you with the remaining steps in the green card process: the approval of Forms I-140 and I-485.

Processing times for PERM applications vary substantially. Delays may arise for a variety of reasons when an application is pending, so an employer must be advised by an attorney who has considerable experience helping employers and guiding them through the PERM process.

When Should You Contact an Immigration Attorney?

The right lawyer can help employers with a variety of services beyond the PERM process and the green card process. U.S. employers may also need an immigration lawyer to help with work visas, I-9 compliance, and adjustments of status. Some employers may need legal representation.

Immigration laws in this nation are complicated, confusing, and – many would say – outdated. If you are an employer, do not try to obtain work visas or green cards for prospective employees on your own. You may lose time and money and quickly become aggravated and confused.

U.S. Citizenship and Immigration Services and the Department of Labor strictly enforce all immigration-related laws and regulations. If you are a U.S.-based employer who is dealing with any immigration-related legal matter, contact an immigration attorney at the very beginning of the process. You’ll find that it’s the right investment to make. Call Gilliam Law at 866-511-3422.