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What are the steps for PERM labor certification?

The PERM (Program Electronic Review Management) procedure is a vital phase for most green card requests based on employment needing labor certification. This process ensures that by hiring a foreign worker it does not negatively affect U.S. workers by requiring employers to conduct wide-ranging recruitment efforts for testing of the labor market. Businesses have to publicize the open job using various avenues and prove to the DOL that no capable, willing, and ready U.S. employee sought the position. 

In the event that this particular recruitment process actually confirms such a special lack of suitably qualified candidates, then the employer can then readily submit for a PERM application (ETA Form 9089) specifically to the DOL in order to gain approval. After the labor certification is completely granted, the employer then proceeds by filing Form I-140, Immigrant Petition for Alien Worker, along with U.S. Citizenship and Immigration Services (USCIS). 

The I-140 must gain approval, and a visa number must become fully available. Only then can that foreign worker apply for permanent residency through Form I-485 (Adjustment of Status) or through consular processing. The entire PERM process can take several months to over a year, depending on processing times and potential audits from the DOI. For more information, check the DOL guide on this process.

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