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PERM Labor Certifications

Permanent Residency Based on Employment

Applying for permanent U.S. residence based upon an employment offer is generally a three-step process involving the U.S. Department of Labor and the Immigration and Naturalization Service. 


Step 1 

Request Local Prevailing Wage. Conduct recruitment correctly according to what the job level of the job in question. Submit ETA9089 form by mailing or filing online.


Step 2

Once an employer has obtained labor certification, the employer may move on to the second step of the permanent residency process which involves the filing of an I-140 Petition for Immigrant Visa with the Immigration and Naturalization Service (INS). The employer must submit evidence that a position is still available for the employee and that the employer can pay the offered wage. Current processing time for an I-140 petition is approximately 120 to 300 days depending on the region of filing.


Step 3

The final step of the permanent residency process is called the Adjustment of Status. If the permanent visa numbers are available for the individual's particular classification, the approved I-140 petition is filed with an I-485 application for adjustment of status for the alien worker and each member of his/her immediate family. An alien's "priority date" determines whether an immigrant visa is immediately available. An application for adjustment for permanent residency can only be filed if an immigrant visa is immediately available for that alien. The current processing time of the I-485 application with an available visa is approximately 240 to 365 days. Upon approval of the I-485 application, the alien worker will become a permanent resident of the United States.

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