PERM Processing Step: Prevailing Wage
Requires defining the position, location, supervisor, experience, and other key aspects of the job. We send you questionnaires to fill out through our case management software. We fill out and file the forms, with signatures from the employer.
****This process can be extended from 7 to 9 months
PERM Processing Step: Recruitment
The PERM recruitment exercise requires Sponsor Employer to post a job order, place ads in newspapers, and also put ads in other places like college campuses, online, or on the radio. The job order needs to run for at least 30 days, then you must wait 30 more days to give people the opportunity to respond to the ad.
Your HR person must handle these applications through a standard hiring decision process and preserve all relevant communications during the recruitment period. We don’t anticipate numerous applications from US persons, but if qualified persons apply, we expect to hire them in due course. If interviews are required for the position, all persons should have the option of a Zoom interview, and the foreign nationals will use a zoom interview process.
****This process can be extended from 4 to 6 months
PERM Processing Step: Application
Once the recruitment process is completed, Sponsor Employer can then file the ETA-9089 PERM application. The vast majority of the information required at this step is personal information regarding the foreign national.
The PERM processing time is shortest if the online submission is not audited by the Department of Labor (DOL). In this scenario, a decision is typically met within six months of filing. However, if there is an audit (audits are sometimes random, and sometimes target particular companies who have red flags with DOL)
****This process can be extended by several months.
I-140 Filing: Process and Timing
Presuming we do not get an audit, the I-140 will be the stage where we submit all of the evidence we have gathered for the application. After the ETA-9089 is completed and certified, the I-140 can be filed immediately, presuming that all documents have been prepared in advance. The foreign national is always eager to have this preparation done, and this requires minimal work, and several signatures from the employer.
****The I-140 is eligible for premium processing, which means that we can expect an initial result in 15 days, but if we have an RFE, then we could be delayed by another 2 months. It is not clear if all applicants will use premium processing.
Consular Processing: Final Step
Applicant will attend an interview at the consulate. If successful, they will acquire an immigrant visa in their passport, which will grant permanent resident status upon entry to the USA.
****This process can be extended by 6 months