PERM Green Card

PERM stands for the Program Electronic Review Magement System. It is the new system that is used for processing labor certification applications and was incorporated in 2005. There are three stages that an applicant for an employment-based green card must complete before becoming a Lawful Permanent Resident (LPR).

First Stage: Filing the Labor Application (PERM Green Card) Form ETA 9089, with the Department of Labor (DOL). The purpose of filing the PERM Form ETA 9089 is to describe the requirements for the relevant job, describe the work history and experience of the applicant, and show that there are insufficient U.S. workers who are able, willing, qualified, and available for the job which will be permanently offered to the applicant. The PERM process requires the petitioning employer to conduct a series of recruitment activities to test the labor market before filing the application. If sufficient able, qualified, and willing applicants (U.S. citizen or Permanent Resident) are not found for a position through the recruitment process, the employer can submit a PERM labor certification application.

Second Stage: Filing the I-140 application. After the Labor Application Form ETA 9089 is Certified by the DOL, the Employer has 180 days to file the Form I-140 with the USCIS. Note that if the employer does not file an I-140 in the 180 day period, the Labor Certification (Form ETA 9089) will expire. The Certified Labor Certification (Form ETA 9089) has an expiry date on it.

Third Stage: When the priority date is current, the applicant can file the last stage of the Green Card, the Adjustment of Status (I-485) for him/herself as well as for dependents (spouse and children). If the beneficiary is outside of the United States, they may then apply for an immigrant visa through the National Visa Center and at a U.S. Consular Office in their home country or country of permanent residence.

Therefore, a key issue is whether an applicant’s priority date is current. The U.S. Department of State publishes a monthly visa bulletin that lists cutoff priority dates for different immigration categories and birth countries. Only those applicants with priority dates before the cutoff date can obtain their green card.

Note that when an applicant files the I-485, he/she and his/her dependents may also file for Employment Authorization Documents (EADs), which gives work authorization while the adjustment of status is pending. An I-485 applicant and dependents can also file for Advance Parole, which is permission to leave and re-enter the U.S. while an I-485 application is pending.