One of the most important steps in applying for an employment-based green card is permanent labor certification (or PERM) process. The PERM process involves a series of steps, including recruiting, obtaining a prevailing wage determination, conducting a rigorous recruiting process to demonstrate the unavailability of qualified U.S. workers, and most importantly, filing an application for labor certification with the U.S. Department of Labor (DOL). ). A PERM approval from the DOL is a prerequisite for employers to file Form I-140 (Immigration Petition for Foreign Worker)paving the way for eligible foreign workers to obtain lawful permanent resident status in the United States.
When it comes to the PERM process, one of the common challenges U.S. employers face is determining the right time to file PERM certification and begin the green card application process. In this blog, we will explain why timing is crucial during the PERM process and how U.S. employers can be proactive in initiating this step for their foreign employees:
When to start the PERM process
Generally, U.S. employers sponsoring employees for green cards should be well informed of all factors affecting the timing of the PERM process and should proactively plan for a positive outcome for the employee and the company. Waiting too long to start the PERM process can cause employees’ work visas to expire, putting them in a difficult situation where they may have to leave the United States until their immigration status is resolved. Not only does this place unnecessary pressure and uncertainty on foreign workers and their families, but it also has negative implications on the company’s day-to-day operations.
Traditionally, the advice within the immigration community is to begin the PERM process at least 2 years before an employee’s work visa reaches its maximum allowable duration (known as the “date of expiry”). maximum expiration”). However, given recent delays in processing times and other potential issues, employers may want to consider starting the process even earlier to provide some much-needed wiggle room. Many employers are now beginning the PERM process approximately 3.5 years before an employee’s visa expires to address the challenges posed by current immigration backlogs.
NOTE FOR H-1B VISA HOLDERS: Filing a PERM application early may also allow businesses to take advantage of a provision that allows H-1B visa holders to extend their visas beyond the deadline. six year limit. To be eligible for this extension, the employee’s PERM or I-140 petition must have been pending for at least 365 days. This means that a PERM application can be submitted before the employee reaches their fifth year in H-1B status. Learn more about the H-1B sixth-year limit here.
Understanding PERM Processing Times
PERM processing times can vary greatly depending on the employer and the specific details of the application. The PERM application is also a multi-step process with varying processing times at each step. Overall, PERM processing times have increased in recent years due to more applications, a growing backlog of pending cases, and increased scrutiny by the DOL.
The average processing time for a PERM application is currently approximately 6 to 12 months. For a more detailed analysis of where your processing time may fall within this current range, see the DOL website.
Given the significant backlog of applications and processing challenges, it is imperative that employers file the PERM as soon as possible to avoid unnecessary delays in the green card process.
Consideration of a Potential DOL Audit
Another factor to consider when navigating the PERM process is a potential PERM audit by the DOL. The PERM audit process is a comprehensive review conducted by the DOL to verify a U.S. employer’s compliance with the requirements of the PERM program. This review involves careful review of all submitted documents and information to confirm their accuracy and compliance with program guidelines.
Audits can take place randomly or be triggered by certain criteria. When an audit is initiated, the DOL will request additional documents and information from the employer, usually with a specific response time frame. In recent years, PERM audits have increased due to the DOL’s increased focus on compliance. Responding to an audit can add several months to the PERM processing time, so it is important to keep this in mind when navigating the PERM process.
Boundless has put together a helpful guide on how to pass a PERM audit here.
Save on premium processing costs
Filing a PERM application early and starting the employment green card process as early as possible can also help the employer save on filing costs. In the second step of the employment green card process, filing Form I-140, many employers opt for Premium processing to avoid any loss of status or work authorization for the employee. However, filing the PERM application in a timely manner can eliminate this time crunch during the second stage and allow for regular processing of Form I-140, saving the employer $2,500 in processing fees. increased treatment.