The employment-based green card process involves three major steps. The permanent labor certification process is the first step. The certification is issued by the Department of Labor (DOL) and this process allows the employer to start the process of permanently hiring a foreign worker in the United States.

The sponsoring employer must comply with the regulations and conduct a bonafide recruitment process. The employer must file and obtain the labor certification from the DOL after which the employer submits the I-140, an immigration petition to the USCIS. The employer is required to pay the fees associated with the PERM process, not the employee. (20 C.F.R. §656.12(b).

The Prevailing Wage Determination (PWD) and testing the recruitment process are the two main steps involved in the PERM process. These are time-consuming steps and there are no premium processes or expedited procedures available with these steps.

Prevailing Wage determination request:

This will be the first step in the process. At ILBSG, we take our company clients through our proprietary software platform to gather the required information. Our clients initiate PERM petitions in our portal and complete the PERM questionnaire. This includes details about the sponsoring company and proffered position. The employee is required to provide his or her details such as education and experience backgrounds. Once the employer confirms the proffered position with job duties and minimum requirements, we proceed and file for prevailing wage determination with DOL.

DOL determines the prevailing wages for the proffered position based on minimum requirements such as education, experience, and work location.

Due to the shortage in the DOL workforce and the COVID pandemic, PWD requests are taking longer than usual. Currently, as per processing timelines issued by the DOL on July 31, 2021, it is about 135 – 145 Occupational Employment Statistics (OES) days or 199 Non-OES days. These timelines are based on average processing times. It could also vary based on the circumstances of the case. It is critical employers allow sufficient time to ensure PWD determinations are completed when required.

Recruitment Efforts – Test of Labor Market:

The employer is required to conduct a thorough recruitment process and ascertain if there are willing, available, and qualified US workers to fulfill the proffered position. The regulations require the employer to post advertisements and test the market for US workers. Once this onerous process is completed, the employer can proceed to the next step.

Filing PERM

The PERM application is filed with the DOL. This will take several months for the DOL to adjudicate the petition. As of August 2021, the DOL is reviewing cases filed in February – March 2021. It is taking around 6-7 months to receive labor certifications from DOL. Sometimes, the timelines stretch more depending on the circumstances of the case.

The processing timelines issued by DOL for the PERM process as on 07/31/2021

Prevailing Wage Determination (PWD) 145 OES Calendar Days 199 Non-OES Calendar Days
Perm labor certifications 7-8 Months approximately

 
Perm audits Anywhere between 10-12 months

 

Considering the current timelines, we recommend employers start the PERM process as soon as possible.

If you have questions about the PERM process, hiring foreign nationals, or any other immigration-related issue, contact us at ILBSG. We leverage our expertise and experience to make sure you get the right advice.

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