The updated Visa Bulletin for April 2021 has been released. You can check for updates to the current processing times on the Department of Labor website by clicking here. Cases currently being adjudicated in Audit Review have a Priority Date of March 2020. Cases that are currently being adjudicated have a Priority Date of July 2020.Ĭases that are under Audit Review have a longer processing time of nearly one year. ** A quota number must be available before the sponsored worker would be able to file his or her Step 3 green card application and, depending on the green card category, there currently is a several year backlog in green card numbers in some categories resulting in a forced waiting period after the Step 2 I-140 is approved before the sponsored worker and any family members would be eligible to file their Step 3 green card applications.The Department of Labor reports that PERM processing times are approximately six to seven months. At this stage, the employee and any dependent family members would also be able to file for Work Authorization, which should come through in about 90 days from the date of application. Step 3: In the final stage of the green card process, the sponsored worker (and any dependent family members) are eligible to apply for their green cards by either filing an Application for Adjustment of Status in the United States or by undergoing Consular Processing at the US Consulate in their home country. At this step, the USCIS is looking at the sponsored worker’s credentials to determine whether she meets the minimum qualifications for the position offered, and at the company’s financial ability to support the permanent position. Step 2: Once the employer’s labor certification application is approved, it must file an I-140, Immigrant Visa Petition on the employee’s behalf with the USCIS. Note that it is also necessary to secure a Prevailing Wage Determination from the Department of Labor’s online iCert system, to make sure that the job offer is equal to our higher than the prevailing wage for the occupation in the area of employment. Advertised with a local (regional) or ethnic newspaperġ0. Advertised with a campus placement officeĩ. Advertised the position with an employee referral program (this only applies if the employer provides an incentive package for employee referrals)Ĩ. Listed the position with a private employment firm (head hunter agency)ħ. Advertised on a job search website (like or the newspaper’s online edition)Ħ. Advertised with a trade or professional organizationĥ. Advertised on the employer’s website (for the public)Ĥ. In addition, the employer must also show that it met 3 of the following types of recruitment in the 6 months before we file:ģ. The employer must post the job in the state Department of Labor’s job bank. The employer must post the position internally at the worksite where the position will be based (this is the only posting that requires that the salary be listed).ģ. The employer will be required to advertise the position in 2 Sunday editions of the local newspaper. Here is a summary of recruitment required under PERM:ġ. NOTE: Steps 1 and 2 of the green card process do not provide for any work authorization or status, so the employee would still need to maintain separate status for work authorization during these steps of the green card process. It usually takes about 3 months to conduct a recruitment campaign, which must be completed before filing Step 1. workers for the position, the US Department of Labor approves the Application for Alien Employment Certification certifying labor shortage in the area for the position offered (“labor certification”).īefore you can file the green card case, you must first conduct a recruitment campaign and document the reasons why the applicants were not qualified for the job. If the Department of Labor finds that the employer conducted a fair and reasonable recruitment campaign and that it was unable to locate any qualified, willing, able and available U.S. workers applied for the position who were qualified, willing, able and available to fill the position. Step 1: In the first step, the employer must conduct a recruitment campaign for the permanent position it wishes to offer the employee and prove to the Department of Labor that no U.S. Generally, the green card process entails 3 steps: This does not create any employment contract and the employee could still be terminated at any time it just means regular employment as opposed to temporary employment. In sponsoring a foreign national for a green card, the employer is stating its intent to employ the foreign national on a permanent basis (in the immigration context, as opposed to a temporary basis). The following is a general overview of the PERM labor certification process.Īs set forth below, an employer may sponsor a foreign national for a green card by demonstrating a shortage of US workers in the sponsored position.
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