What Happens After Filing PERM Labor Certification?

Introduction

Filing a PERM labor certification application is a significant step in many employment-based green card cases. After the application is submitted to the U.S. Department of Labor (DOL), the employer must generally wait for the application to be processed. During this period, the employer may receive a decision, an audit request, or other communication requiring attention.

DOL Processing and Possible Audit

Once the PERM application is filed, the DOL reviews the information submitted by the employer. The application may be certified if the requirements have been satisfied. However, some applications may be selected for an audit. An audit can require the employer to provide documentation concerning the recruitment process, job opportunity, and other information supporting the application.

If the DOL issues an audit request, the employer must respond within the required timeframe and provide the requested documentation. Employers should therefore retain recruitment records and other PERM-related documentation throughout the process. A failure to respond properly or on time can negatively affect the application.

The processing period can vary, so employers and foreign workers should avoid assuming that a particular filing will receive a decision within a fixed timeframe. Changes in DOL procedures and workload can affect processing.

What Happens After PERM Approval?

PERM approval does not grant the foreign worker a green card or permanent immigration status. Instead, it generally allows the employer to move to the next stage of the employment-based permanent residence process. Depending on the case, this may involve filing an immigrant petition, such as Form I-140, with U.S. Citizenship and Immigration Services (USCIS).

The timing of the next step can depend on factors such as the employment-based immigrant category and the availability of an immigrant visa. In cases where adjustment of status is available, the foreign worker may eventually file Form I-485 with USCIS. Others may complete the permanent residence process through consular processing outside the United States.

Because each stage has its own requirements, an approved PERM application should not be viewed as the end of the immigration process. The employer and foreign worker must continue to satisfy applicable requirements through the remaining stages.

Conclusion

After filing PERM, the case enters a period of DOL review that may result in certification, an audit, or another outcome. Understanding what can happen next can help employers and foreign workers prepare for the remaining stages of the employment-based immigration process.

This article provides general informational content and is not legal advice. Immigration procedures and eligibility requirements can vary based on the facts of each case. Employers and foreign workers considering PERM labor certification should consult a qualified immigration attorney for advice regarding their individual circumstances.