My employer says my green card starts with PERM. What is that, and why does it take so long?
PERM is the labor certification process required for most employer-sponsored EB-2 and EB-3 green card cases. The employer generally must obtain a prevailing wage determination, conduct a required recruitment process to test the U.S. labor market, and then file a labor certification application with the Department of Labor. PERM is not the same as the Labor Condition Application (LCA) filed in H-1B cases.
PERM can take a long time because several steps have their own required procedures and timing, followed by Department of Labor processing. If the PERM application is certified, the employer can generally move to the next stage by filing an I-140 immigrant petition with USCIS. The green card application follows when a visa number is available, and in some cases it can be filed together with the I-140.
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Related questions
In a typical employer-sponsored green card case, EB-2 and EB-3 differ mainly in the education and experience the position requires. EB-2 generally covers positions requiring an advanced degree or a bachelor’s degree plus five years of progressive experience, while EB-3 covers professionals, skilled workers and other workers. The category is generally determined by the job’s actual minimum requirements and the worker’s qualifications, not simply by which category has a shorter wait. Because EB-2 and EB-3 have separate Visa Bulletin cut-off dates, the wait can also differ depending on your country of chargeability.
Yes, in some cases. Certain employment-based applicants can file Form I-485 together with Form I-140 if a visa number is available and they are otherwise eligible to adjust status. This is known as concurrent filing.
Concurrent filing can allow you to apply for employment authorization and advance parole while the green card case is pending. Whether you can file concurrently depends on your immigrant category, priority date, country of chargeability, and the Visa Bulletin chart USCIS allows applicants to use that month.
Yes, in some circumstances. Whether you can continue the existing green card case depends on the stage of the process and the new job.
Before you qualify for job portability, a change in sponsoring employer generally requires the new employer to start its own sponsorship process, including a new PERM labor certification if required. However, if your I-140 has already been approved, you can generally retain its priority date, subject to limited exceptions.
Once your I-485 adjustment-of-status application has been pending for at least 180 days, you may qualify for job portability if the underlying I-140 meets the applicable requirements and the new job is in the same or a similar occupational classification. This generally involves submitting Form I-485 Supplement J.
Before making the move, confirm how it affects your pending case and whether you have authorization to work for the new employer. Green card portability and permission to start the new job are separate questions.
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