After the PERM labor certification is approved, the sponsoring employer files an I-140 immigration petition with DHS. This application must be filed within 180 days of the PERM certification or the PERM expires. Among other things, the employer must show financial stability, an ability to properly pay the applicant and a desire to continue the applicant’s employment. The employee submits documentation verifying that he or she meets the minimum job requirements as listed in the certified PERM application.

In addition, the employer submits the original approved PERM application, as DHS has the final approval over this application. In some instances the employer and employee are able to file the I-140 petition and the adjustment of status application simultaneously. (See below for additional information.)

It is important to plan for the I-140 petition when preparing the PERM application. Proper planning can have a significant impact on how quickly an applicant can apply for a green card. That is because applicants are placed into one of five categories, depending on the skills and education required for the position as described in their PERM application. Each category has a “quota” that determines the number of people who can apply for a green card in that category per year. Wait times to apply for a green card vary widely for each category- from no wait up to ten years. This is an important consideration when deciding to begin the green card process.
The five categories are as follows:

• EB-1: Fast Track to a Green Card
• Workers of extraordinary ability
• Outstanding professors and researchers
• Multinational executives and managers
• EB-2: (May be eligible for National Interest Waiver)
• Members of the professions holding advanced degrees or a Bachelor’s plus five years of progressively responsible experience
• Workers of exceptional ability
• EB-3:
• Skilled workers (at least two years experience required)
• Professional (bachelor’s degree required)
• Other workers (less than two years experience required)
• EB-4: Religious Workers
• EB-5: Investors

Who Can File Step Two and Step Three Simultaneously:

Some applicants are able to file the I-140 petition (step two) and the adjustment of status application (step three) together. The Department of States allows a certain number of foreign workers to apply for a green card per year. First, workers are placed into one of five quota categories. If the quota has not been met in that person’s category on the day the PERM application is approved, he or she can file these two steps together, saving time and money for the employer and employee.

• EB-5: Immigrant Investors

If you think you need a lawyer to handle your immigration case, please contact Ms Troy to arrange a consultation to discuss your options. Located in San Francisco, Immigration Attorney Christine Troy can help guide you through the various legal processes and resolve any issues regarding your case. Ms Troy works on cases in San Francisco, the San Francisco Bay Area, Northern and Southern California, across the United States, and internationally.