EB-2 PERM: The Path to the Green Card – Complete Guide

📌 Introduction
If you’re looking to obtain permanent residency in the U.S. (Green Card) through the EB-2 PERM visa, it’s essential to understand the process and the challenges involved. The EB-2 PERM is one of the most secure paths, but it also requires patience, planning, and proper support.

In this complete guide, you’ll find:
✅ What PERM is and why it’s required
✅ The process steps and how long they take
✅ Common challenges and how to avoid them
✅ What the Visa Bulletin is and how it can affect your Green Card
✅ How to ensure your process is successful

💡 The EB-2 PERM may take time, but it’s achievable! With strategy and patience, your Green Card can be yours! 🚀

📅 Book your free 15-minute consultation with attorney Marcella: 👉 Click here to schedule your appointment!

📌 What is PERM and Why is it Required?
PERM (Program Electronic Review Management) is a mandatory certification from the Department of Labor (DOL) that allows a U.S. company to sponsor a foreign worker for an EB-2 visa. This process ensures:
✔️ There are no qualified U.S. workers available for the job
✔️ The offered salary meets prevailing wage standards
✔️ The employer complies with all labor and immigration laws

💡 Risk: The PERM may be denied if there are minimally qualified U.S. candidates, documentation errors, or if the employer cannot prove financial ability to support the job.

📌 PERM Steps – How It Works

📌 1️⃣ Wage Determination (Prevailing Wage – PWD)
📄 Form: ETA Form 9141 – Prevailing Wage Determination
🕒 Estimated time: 3 to 6 months
💡 Risk: If the offered wage is below the DOL’s determination, the employer must adjust it or cancel the position.

📌 2️⃣ Recruitment and Job Advertising
✔️ Job posting in newspapers and on the official DOL website
✔️ Other recruitment methods such as job fairs and online listings
✔️ Keep detailed records of all applications received
🕒 Estimated time: 2 to 3 months
💡 Risk: If there are minimally qualified applicants, the employer may be required to hire them

📌 3️⃣ Submitting the PERM to the DOL
📄 Form: ETA Form 9089 – PERM Labor Certification
🕒 Estimated time: minimum of 3 months, up to 24 months in case of an audit
💡 Risk: The DOL may audit the application, adding months or even years to the process

📌 What Happens After PERM Approval?
📄 Form: I-140 – Immigrant Petition for Alien Worker
🕒 Estimated time: 4 to 12 months, or 15 days with Premium Processing
💡 Risk: USCIS may issue a Request for Evidence (RFE) or deny the I-140 if the employer is deemed unable to pay the certified wage

📌 Visa Bulletin and How It Can Delay Your Green Card
Once the I-140 is approved, the applicant can apply for the Green Card in two ways:
1️⃣ Adjustment of Status (I-485) – for those already in the U.S.
2️⃣ Consular Processing (DS-260) – for those applying from abroad

📄 Where to check your place in line? On the Visa Bulletin from the U.S. Department of State, updated monthly
🕒 Wait times: Can range from 0 months to several years, depending on your country of birth
💡 Risk: If your country has high Green Card demand, your case may be “frozen” in the Visa Bulletin for years before you can file the I-485 or DS-260

📌 Extra Tips to Speed Up the Process 🚀
✔️ Avoid mistakes on the ETA 9089 form by double-checking all details
✔️ Prepare strong supporting documents to prevent RFEs in the I-140 stage
✔️ Monitor the status of your PERM regularly on the DOL website
✔️ Consider Premium Processing for the I-140 to speed up approval

📌 Frequently Asked Questions (FAQs) ❓

❓ What if my employer withdraws the PERM?
💡 You will need to restart the process with a new employer, as PERM is not transferable

❓ Can I change employers after PERM is approved?
💡 Yes, but the new employer must file a new PERM and new I-140

❓ What additional documents may be required for the I-140?
💡 Company financials, detailed work experience evidence, and proof of the job offer