PERM Green Card
Roadmap & Timeline

What Is a PERM?

Employment-based immigrant petitions filed under the EB-2 and EB-3 occupational categories must generally be accompanied by a certified Application for Permanent Employment Certification (PERM) from the Department of Labor (DOL). The purpose of a PERM is to ensure that the job opportunities, wages, and working conditions of U.S. workers are not adversely affected by the admission of foreign workers.

A certified PERM demonstrates that the U.S. employer has tested the labor market to establish that there are no able, qualified, and available U.S. workers willing to accept the permanent job offer.

Who Needs a PERM?

A PERM is required for the following employment-based preference categories:

• Second preference (EB-2): Members of the professions holding advanced degrees, or persons with exceptional ability in the arts, sciences, or business.
• Third preference (EB-3): Skilled workers, professionals, or unskilled workers.

The Three Steps to Permanent Residence

Steps and Documentation for the PERM Application

Documentation for the I-140 Petition

The following supporting documents must be submitted with a PERM-based I-140 immigrant worker petition:

• Foreign national's identity and status documentation: passport biographic page, I-94 with travel history, previously issued visa(s), and previously issued I-797 Approval Notice(s), as applicable.
• Original certified ETA Form 9089, Application for Permanent Employment Certification.
• Letter from the U.S. employer in support of the petition, outlining the proffered position and the foreign national's qualifications.
• Information about the petitioning U.S. company and its ability to pay the offered wage from the date of the PERM filing, such as annual reports, federal tax returns with all schedules and supporting documents, audited financial statements, and website excerpts.
• Evidence that the foreign national falls into one of the EB-2 or EB-3 subcategories and meets all educational and/or experiential requirements as outlined in the PERM application, including academic degrees, transcripts, educational evaluations, and letters confirming work experience.

Priority Date and Timing

Upon I-140 approval, the foreign national may have to wait for his or her Priority Date to become current before applying for the green card. In PERM cases, the Priority Date is the date on which DOL accepts the labor certification application for processing.

Depending on the foreign national's country of origin, employment-based preference category, and the demand and supply of immigrant visas, some foreign nationals whose Priority Date is "current" can submit the AOS concurrently with the I-140 petition or apply for an immigrant visa immediately upon I-140 approval. However, many foreign workers — especially those from China, India, and the Philippines — face significant wait times between I-140 approval and green card application due to backlogs.

Documentation for the Green Card Application

After approval of the I-140 petition (or at the time of filing the I-140, if the foreign national is already in the U.S. and qualifies to concurrently file for adjustment of status based on a current priority date), the following documents must be submitted. We will provide a comprehensive document checklist for every step of the process.

Family Members

The foreign national's spouse and minor, unmarried children under the age of 21 are eligible for permanent residence as derivative beneficiaries of the approved I-140 EB-2/EB-3 petition. However, each qualifying family member must file their own green card application through adjustment of status or immigrant visa processing. The fees associated with family filings are not included in this guide and will be quoted as applicable.

Step 1: PERM Application Costs

DOL does not charge any government filing fees for processing the PERM. However, recruitment and advertisement costs typically range from $2,000 to $4,000, depending on the required method of recruitment.

Step 2: I-140 Petition Costs

Fees and costs related to Step 2 (I-140) can be covered by the foreign worker.

Step 3: Green Card Application Costs

The costs for Step 3 vary depending on which route the foreign national chooses. These costs do not include the legal or government filing fees for green card applications filed by or on behalf of family members (spouse and/or children).

Fees and costs related to Step 3 (AOS or IVP) can be covered by the foreign worker.

Step 1: PERM Process Timeline

Step 2: I-140 Petition Timeline

Step 3: Green Card Application Timeline

PERM Audits

The Certifying Officer (CO) reviewing the ETA 9089 PERM application can request an audit of any PERM application either for cause or randomly. If selected for audit, the employer will receive an audit request letter and has 30 days to respond.

Audits frequently request documents evidencing good-faith recruitment efforts, including copies of resumes and applications, a copy of the Recruitment Report, or additional information. This makes it especially important to maintain complete and well-organized documentation of all recruitment efforts.

Common Audit Triggers

While there is no way to avoid random audits, the following factors are common triggers for audits for cause:

• Jobs that require a foreign language
• Cases where there is a family relationship between the foreign national and the employer
• Foreign nationals with an ownership interest in the U.S. employer
• A history of recent layoffs by the employer

Legal and Policy Sources

• 20 C.F.R. Part 656
• U.S. Department of Labor, Foreign Labor Certification
• USCIS.gov: Permanent Workers; Policy Manual, Vol. 6, Part E, Ch. 6 – Permanent Labor Certification; Adjustment of Status
• Travel.State.gov: Employment-Based Immigrant Visas