Green Card Through Labor Certification

Certification may be obtained in cases where it can be demonstrated that there are not sufficient U.S. workers able, willing, qualified and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

The starting point in the PERM process is establishing the duties and requirements for the position. Prior to filing an application under the PERM program, employers are required to conduct specific Mandatory Recruitment. Additional Recruitment Steps are required if the application is for a Professional Occupation, as determined by the DOL.

If no qualified and willing applicants (US citizens or Permanent Residents) are found through the recruitment process the PERM Labor Certification Application can be filed.

After the DOL has approved PERM Labor Certification Application, the next step in the process is for the employer to file an immigrant visa petition, Form I-140 (Immigrant Petition for Alien Worker) on behalf of the employee with USCIS.

Supporting evidence must be provided that the applicant meets the particular job requirements specified on the PERM Labor Certification Application, such as:

• Degrees
• Employment History
• Letters from previous employers

The employer’s Financial information must be disclosed to show USCIS that it has the ability and capability of providing wages and employment on a continuing basis by providing at least one of the following documents

• Annual reports
• Federal tax returns
• Audited financial statements

Once the immigration petition has been approved and if there is no backlog in the visa issuance quota and waiting list, the Green Card application (Form I-485, Application to Adjust Status) can be filed, and is the last step in this process. This can be filed for foreign workers who are currently in the US. This application may be filed concurrently along with the I-140 petition or after filing the I-140 petition. The information and documentation required from the applicant worker includes, but may not be limited to:

• Fingerprints 
• Medical exam 
• Personal and family biographical information 
• Birth certificate 
• Marriage certificate 
• Personal tax returns 
• Copies of prior USCIS activity