Foreign nationals looking to establish legal permanent residence status in the U.S. through employment may first need a labor certification. This is obtained through the employer going through PERM processing. PERM processing is in-place to help ensure that employers are first attempting to recruit qualified U.S. workers for an employment position before going forward with the hiring of a foreign worker. There are many requirements that must be met for an employer to successfully navigate the PERM process. It can be a time consuming and lengthy process. Additionally, processing a PERM application takes time. If you are curious as to the timeline of your application, below we provide a general overview of the process and how you can check on your PERM application status.
How Can I Check the Status of My PERM Application?
One of the first things that needs to be done during the PERM process is that the employer needs to develop not only a detailed job description, but also an accurate overview of the job duties of the employee they are looking to hire. This alone can take about one or two months to complete. Furthermore, the employer must request a prevailing wage determination from the U.S. Department of Labor (DOL). The prevailing wage determination helps the employer determine the wage they should be offering to the foreign worker. It can take about 4 months to receive the prevailing wage determination from the DOL. After all of this, there are still recruitment measures the employer must make before filing the PERM application.
Once the recruitment advertisements have been placed, the employer is permitted to file the PERM application with the DOL on ETA Form 9089. This, of course, is contingent upon whether or not any qualified U.S. workers ended-up applying for the job. Once the PERM application has been filed, it can take DOL several months to reach a decision. Once DOL has adjudicated the PERM, the DOL will either approve it, deny it, or request an audit. An audit means that the DOL will request additional information from the PERM applicant and review it prior to rendering a decision as to whether to approve or deny the application. Once PERM has been approved by the DOL, the employer is able to go ahead and move on to the next step in the employment-based permanent residence application process. This is completing Form I-140 petition for the foreign national worker.
As you can see, there are many lengthy steps in the PERM application process. You may, understandably, get anxious to know the status of your PERM application. To check your PERM application status, you may visit the website for the Department of Labor website. Keep checking the processing times each month to find out the rate at which the DOL is processing applications. If you filed the PERM online, you can check the filing date via the Permanent Case Management System.
Immigration Law Attorneys
If you should have any questions or need more information about the ways in which the U.S. Immigration and Nationality Laws may impact you, your family, your friends or your colleagues, please contact the U.S. Immigration and Nationality Lawyers at the NPZ Law Group – VISASERVE – U.S. Immigration and Nationality Lawyers by e-mailing us at firstname.lastname@example.org or by calling us at 201-670-0006 (x107). You can also visit our Law Firm’s website at www.visaserve.com