This webinar is for any busy employer or foreign national employee who wants to gain the basic knowledge necessary to win green card approvals easily.

1. 7 Secrets You Must Know To Win A
Green Card Through
PERM Labor Certification

2. Ask Questions at Any Time
 Go to your Question and Answer panel
at the bottom of the page.
 Type and send your question.
 We will answer questions during the
Q&A session at the end of the
presentation.

3. Ann Massey Badmus

4. Angela M. Lopez

5. PERM Labor Certification Process
Speaker: Ann Massey Badmus

6. PERM LABOR CERTIFICATION
PERM = PROGRAM
ELECTRONIC
REVIEW MANAGEMENT
U.S. Department of Labor
Step 1 of the Green Card
process

7. WHO NEEDS LABOR CERTIFICATION?
All foreign national workers who are employer-sponsored
for a Green Card must undergo labor certification except:
 EB-1 Multinational Executive/Manager, Outstanding
Researcher, Extraordinary Ability Worker
 EB-2 National Interest Waiver Worker
 EB-4 Special Immigrant Worker

8. Employment -Based (EB) Categories
for PERM
EB-2 Advanced EB-3
Degree Professional
Professional Worker
EB-3 Skilled EB-3 Unskilled
Worker Worker

9. Choose the Right Immigrant Visa Category
Master’s degree or bachelor’s degree
plus five years progressive
experience is required for the position
Employee possesses required degree
(or foreign equivalent) and any
required experience
EB-2 Advanced Degree
Professional
Experience equivalency ≠degree
requirement

10. Choose the Right Immigrant Visa Category
Bachelor’s degree
(Professional) or two years EB-3
postsecondary education or Professional
experience (Skilled Worker)
required by position
EB-3
Employee possesses Skilled Worker
required degree (or foreign
equivalent), education, or
experience

11. VISA BULLETIN – November 2012
All Chargeability China-
Employment-Based Areas Except Mainland India Mexico Philippines
Those Listed Born
1st Current Current Current Current Current
2nd Current 09/01/07 09/01/04 Current Current
3rd 11/22/06 04/15/06 10/22/02 11/22/06 08/08/06
Other Workers 11/22/06 07/01/03 10/22/02 11/22/06 08/08/06
4th Current Current Current Current Current
Certain Religious
Current Current Current Current Current
Workers
Iraqi & Afghani
Current Current Current Current Current
Translators
5th Current Current Current Current Current
Targeted
Employment
Current Current Current Current Current
Areas/Regional
Centers
Priority Date = Date of PERM filing

13. Job Qualifying Criteria
No unduly
restrictive job
requirements
Must meet May not be unless
customary tailored to foreign adequately
requirements for workers documented as
the occupation qualifications business
necessity, e.g.
foreign language
requirement

14. Regular PERM Processing
All full-time workers other than university
teachers
Conduct recruitment within 180 days of
application to determine whether minimally
qualified U.S. workers, i.e. U.S. citizens or
permanent residents, are available
Must pay prevailing wage or higher once
foreign worker obtains permanent
residence

15. Regular PERM Processing (cont.)
Prevailing wage determination $
Job order with State Workforce Agency (SWA) for 30 days
Two Sunday newspaper ads
For professionals, 3 additional ads
Notice of Filing or Job Availability posted for 10 business
days
Recruitment Report

16. Determine the Prevailing Wage Early
Establish job description, including educational and
experience requirements
Check OES wage survey http://www.flcdatacenter.com
Locate alternate wage surveys, if OES wage too high
Submit ETA9141 as soon as possible and before advertising
if wage is an issue

17. Advertisement and Recruitment
Ads must identify
Ads must describe
employer accurately
the job opportunity
and direct
sufficiently to
responses to
apprise applicants
employer
Wage is not required
Ads must contain
in ads, but must
the geographic
equal or exceed
location of the job,
prevailing wage if
e.g. Dallas, Texas
included

18. Record Recruitment Responses and Act
Immediately
Review and Timely contact
Document
evaluate with applicants,
applicant contacts
e.g. 7 -14 days of
resumes upon or attempts to
receipt of
receipt contact
resumes

19. Record Recruitment Responses and Act
Immediately (cont.)
Analyze Provide
qualifications of
applicants objective and
against minimum quantifiable
requirements (not reasons for
most qualified) rejections
Screen and
interview based
upon normal
company
process

20. Recruitment Recordkeeping
Employers must maintain documentation of
recruitment efforts for five (5) years from filing of
labor certification
Employers must prepare a detailed recruitment
report that describes recruitment efforts
Recruitment report must include number of
applicants and reason for rejection of each
applicant

21. Optional Special Recruitment PERM
Labor Certification
 For college/university teaching position
where classroom teaching is involved
 Labor certification application must be
filed within 18 months from date of job
offer letter
 Single advertisement in national print
journal or 30 days electronic
advertisement

22. Optional Special Recruitment PERM
Labor Certification (cont.)
Salary must meet or exceed prevailing wage
“Most qualified” standard of selection
Selection committee must document that foreign
national is more qualified than US applicants

23. Prepare for a DOL Audit
Audit File must contain:
◦ Recruitment log
◦ Recruitment report
◦ Prevailing wage determination
◦ Notice of Filing, advertisements, job order
◦ Documentation of business necessity for
special requirements, e.g. foreign
language

24. Prepare for a DOL Audit (cont.)
Audits can be random or triggered by:
◦ Job duties not normal for occupation
◦ Qualifying experience gained with
sponsoring employer in comparable
position
◦ Foreign language requirements
◦ Layoffs for same or similar position
◦ Sponsored employee owns part of
business or has family relationship with
owner of business

25. Sponsorship Obligations
Must pay all costs associated with PERM
process, including attorneys’ fees and advertising
(employee cannot reimburse)
Must conduct good faith recruitment effort without
sponsored employee involvement
Must confirm that no qualified, U.S. workers
responded to the recruitment

26. The Green Card Process After
PERM Approval
Speaker: Angela M. Lopez

27. Step 2: I-140 Petition
 Employer must file I-140 petition within
180 days of PERM approval
 Employer must prove ability to pay the
offered wage (prevailing wage or
higher)
 Sponsored employee’s qualifications
must be documented, e.g. education,
experience
 Premium processing option ($1225)

28. Evaluate Ability to Pay Before Starting
PERM Process
Proof of current ability to pay offered
wage can include:
◦ A statement from the financial officer of the
company, if 100 or more employees
◦ Copies of the following documents for the
year of and year preceding the labor
certification, if fewer than 100 employees:
 Annual Report
 Federal Tax Returns
 Audited Financial Statements

29. Obtain Proof of Qualifications BEFORE
PERM is Filed
 Education, training, and certifications
must be completed before PERM is
filed
◦ Diplomas and/or transcripts
◦ Training certificates
◦ Certification letters or documents
 Experience required for position must
be attained before PERM is filed
◦ Detailed letters of experience from
previous employers

30. Step 3: Immigrant Visa Process
(Green Card”)
Priority date must be
current, i.e. immigrant
visa number available
Two processing options
• Adjustment of Status petition
(in the U.S.) - Form I-485
• Consular process (outside
the U.S.) - Form DS-230

31. Adjustment of Status
 Present in the U. S. in valid non-immigrant
status and no status violations for more than
180 days
 I-485 filed separately for employee and family
member with USCIS
 Employment Authorization Document (EAD)
 Travel Authorization Document (Advanced
Parole)
 Processing time – 6 months or more,
depending upon priority date

32. Consular Process
• DS-230 form - file with the
Department of State
(consulate/embassy) for
employee and each family
member
• Processing Times –
approximately 3 to 6 months
(depends on the consulate) after
I-140 approval
• Applicant and family must travel
to U.S. consulate for interview at
designated time

33. Fastest Processing
 Determine whether I-485 or DS-230 is best or
only option before I-140 is filed
 File I-140 and I-485 applications
concurrently, if priority date is current
 Use premium processing for I-140 petition,
especially if consular processing
 Track priority dates monthly at:
http://www.travel.state.gov/visa/bulletin/b
ulletin_1360.html

34. Question & Answer Session

35. Legal Notice
Facts of each case are different. The
information provided here is general in
nature and should not be relied upon
for your specific situation and is not
legal advice.
Consult with an experienced
immigration attorney to get the right
advice to secure your future in the
United States.

36. Thank You!
11325 Pegasus Street, Suite S-215
Dallas, TX 75238
469-916-7900 Telephone
469-916-7901 Facsimile
immigration@badmuslaw.com
www.badmuslaw.com