HOW THE EB3 PROCESS WORKS
3 STAGES IN THE PERM/GREEN CARD PROCESS
PERM Labor Certification
- To demonstrate there are not sufficient U.S. workers who are able, willing, qualified, and available for the offered position in the area of intended employment
- To ensure that employing the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers
I-140 Immigrant Petition
- I-140 is the second stage of the PERM-based green card process, where the employer asks USCIS to classify the worker in an immigrant preference category and attaches the certified PERM labor certification
- In the I-140 stage, the employer must prove ability to pay the offered wage and the worker’s qualifications as stated in the PERM (education, experience, skills) within the labor certification validity period
Foreign national applies to receive a green card
- Consular Processing (CP) if foreign national is outside the United States
- Adjustment of Status (AOS) if foreign national is inside United States
3 STEPS IN THE PERM LABOR CERTIFICATION PROCESS
The 3 steps in the PERM labor certification process are 1) the prevailing wage request and determination; 2) Recruitment of U.S workers – this step is also called the Labor Market Test; and 3) filing the PERM application, ETA Form 9089, with the Department of Labor.
STEP 1: PREVAILING WAGE REQUEST AND PREVAILING WAGE DETERMINATION
A. Employer files a prevailing wage request (Form 9141) with the Department of Labor (DOL). The 9141 includes:
- Job title
- Job duties
- Job requirements
- Education
- Training
- Experience
- Special requirements (for example, travel, licenses, etc.)
B. DOL issues a prevailing wage determination (PWD). The PWD sets the minimum wage the employer must offer for the PERM position.
STEP 2: RECRUITMENT OF UNITED STATES WORKERS a/k/a LABOR MARKET TEST (LMT)
A. After (or sometimes while) waiting for the PWD, the employer completes mandatory recruitment of U.S. workers to test the U.S. labor market. For an “unskilled” position (a position that requires less than 2 training or experience) the mandatory recruitment of U.S. workers includes:
- A job order with the State Workforce Agency (SWA);
- 2 Sunday newspaper ads; and
- An internal notice
B. Additional recruitment steps are required for skilled and professional positions
C. The employer evaluates the U.S. worker applicants and then documents lawful, job-related reasons for any rejections and completes a recruitment report on a form provided by EB-3 Labor Source.
- This recruitment report is kept in the audit file (it is not filed with ETA 9089).
STEP 3: FILING FORM ETA 9089
A. Once recruitment is completed, the employer electronically files Form ETA 9089 with DOL;
B. The date the 9089 is filed with DOL is the PRIORITY DATE
- The PRIORITY DATE establishes the foreign worker’s place in line in the immigrant visa queue.
- The immigrant visa queue is set out in the VISA BULLETIN which is published by the State Department (DOS) and is updated monthly
C. DOL will approve/certify, deny, or audit the ETA 9089. The employer has 180 days to use the certified 9089 to file the I-140 petition with U.S. Citizenship and Immigration Services (USCIS)
At EB-3 Labor Source, our mission is to bridge the gap between U.S. businesses in need of reliable, long-term talent and qualified foreign workers seeking lawful, sustainable employment under the EB-3 visa program.
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