The first step of the PERM process is to inform the U.S. Department of Labor (“DOL”) that the petitioning employer has a job opening that requires a combination of certain degree(s), work experiences or special skills. The DOL then weighs all those requirements against the background of local job market, and informs the employer that it must pay at least $ X wage (the Prevailing Wage) to the candidate who satisfies the requirements and is eventually hired to fill such opening, so as not to hurt the U.S. labor force.

It could take 8-10 months for the DOL to determine the Prevailing Wage.

After receiving the Prevailing Wage, the sponsoring employer then is required to conduct bona fide recruitment to locate a U.S. worker that would satisfy the stated requirements. The recruitment consists of several mandatory steps and a few additional steps that the sponsoring employer may elect from an array of options. During the recruitment process, strict compliance with stringent rules is essential. Any deviance from the rules could lead to DOL audit or denial of the PERM application.

It takes 2-3 months for the attorney to work together with the employer and advertising agency to complete the recruitment.

If despite fully-compliant recruitment efforts, the sponsoring employer is unable to secure a qualified U.S. worker, it may then proceed with PERM filing. Provided the I-140 petition is later approved, the PERM filing date becomes the employee’s priority date, which marks the employee’s position in the waiting line if no immigrant visa is then immediately available to him/her. The DOL could issue an audit request when reviewing the PERM. If selected for audit, the employer should work closely with the attorney to submit response based on solid documentation of its recruitment efforts.

If not selected for audit, it typically takes 14-18 months for the DOL to adjudicate the PERM.

Once the PERM is approved, the employer may proceed with the I-140 Immigrant Petition. Either the employer or the employee may pay the I-140 filing fee and (optional) premium processing fee. One type of evidence that is often crucial in this stage is letter(s) from former employers attesting to the employee’s job duties and work experiences (if the opening requires certain work experiences). Once the I-140 is approved, the employee may (finally!) go ahead and apply for the actual Green Card so long as his or her “priority date” (in this case, the PERM filing date) is current per the visa bulletin.

It typically takes 3-6 months for the USCIS to adjudicate the I-140 petition. The optional premium processing shall reduce the wait time to 15 business days (otherwise the USCIS shall fully refund the premium processing fee.