There are three steps to obtaining permanent resident (green card) status under the Program Electronic Review Management (PERM) system. This application process requires an employer to conduct recruitment for the foreign national’s position and show that there are no qualified and available U.S. workers for the position.
The three steps are as follows:

(1) PERM Labor Certification Application. The PERM application systems requires the employer to conduct recruitment during the 180 day period prior to filing the online Labor Certification Application. Once the application is filed with the U.S. Department of Labor (DOL), the employer is required to maintain a file containing the recruitment documentation and the employer’s inability to find qualified and available workers in the U.S. The date the PERM application is filed is the “priority date” of the foreign national’s application, which is basically that person’s place in line for an immigrant visa number. The third step of this process may not be filed until the foreign national’s priority date is current, that is, an immigrant visa number is available. Once the electronic PERM application is filed with DOL, it can be approved or it can receive an audit. If a PERM application receives an audit, this can delay the processing of the application by 12-18 months.

(2) Immigrant Visa Petition. Once the Department of Labor approves the PERM application, the next step is to prepare and file an immigrant visa petition (Form I-140) with the USICS. In this petition, the employer is showing that it has been unable to find qualified and available U.S. workers for the position, and that it has found a foreign worker who is qualified for the U.S. position. It must show that the foreign national meets the minimum requirements for the position as indicated in the recruitment, and it has the ability to pay the offered wage, both presently and at the time the PERM application was filed.

(3) Adjustment of Status Application or Immigrant Visa Application. If the foreign national is in the U.S., the last step is to file an application to adjust the foreign national’s immigration status from temporary worker to permanent resident. If the foreign national is outside the U.S. or cannot adjust status in the U.S. the last step in to file an immigrant visa application at the U.S. Embassy or Consulate in the foreign national’s home country or country of last foreign residence. This step cannot be filed until an immigrant visa number is available (the person’s priority date becomes current).