For employers sponsoring a foreign national employee for a U.S. green card through the PERM route, the process unfolds in three distinct stages — some administered by a different federal agency, each with its own requirements and timelines.
PERM is not a visa. It is a labor market test — a federal certification that clears the way
for an employment-based green card petition.
Step One — Labor Certification (Department of Labor)
The first step is the PERM application itself, filed with the U.S. Department of Labor. This step has the most moving parts and typically consumes the most time.
Prevailing Wage Determination
Before any recruitment begins, the employer must obtain a Prevailing Wage Determination (PWD) from the DOL through the FLAG portal. This establishes the minimum wage the employer must offer and pay for the certified position. As of March 2026, prevailing wage determinations are taking about 4 months to process, depending on DOL workload.
Recruitment
Once the prevailing wage is established, the employer conducts a structured recruitment process designed to test whether qualified U.S. workers are available for the role. All recruitment must occur within 180 days prior to filing.
All recruitment materials must clearly identify the employer’s name and contact information. After recruitment concludes, the employer prepares a summary of results and observes a mandatory 30-day cooling-off period before the application can be submitted. Please schedule a consultation with our office to discuss the specific requirements of the recruitment process.
Filing and Adjudication
The application is filed electronically with the DOL. Current adjudication averages 15 or more months for standard cases. Cases selected for audit will generally require additional time. Upon approval, the DOL’s involvement in the case ends.
The date the original PERM application was filed with the DOL becomes the employee’s priority date — a critical marker that determines when the final step can be initiated.
Step Two — Immigrant Petition (USCIS Form I-140)
After the labor certification is approved, the employer files Form I-140, Immigrant Petition for Alien Workers, with U.S. Citizenship and Immigration Services (USCIS).
At this stage, USCIS reviews primarily four things:
- That the labor certification was properly issued by the DOL
- That the employer has the financial ability to pay the proffered wage
- That the foreign national meets the requirements (e.g., education, training, experience, certifications, knowledge of specific language, etc.) stated in the certified application
- That the immigrant visa category being sought indeed corresponds to the requirements listed in the labor certification.
Employers are typically required to submit specific documentation demonstrating their ability to pay. Employers with 100 or more employees may alternatively provide a letter from a financial officer certifying its ability to pay the proffered wage. Standard I-140 processing currently ranges from 8 to 14 months, though premium processing is generally available for an additional fee, and which can reduce the processing time significantly. Please contact our office to discuss documentation needed to demonstrate the ability to pay and what should be included in a letter from a financial officer.
USCIS’ I-140 petition approval notice should reflect the priority date issued by the Department of Labor’s Labor Certification issued at the end of step one.
Step Three — Application for Permanent Residence
Once the I-140 is approved and the employee’s priority date is current under the U.S. Department of State’s monthly Visa Bulletin, the employee may apply for permanent residence.
Depending on the employee’s circumstances, this takes one of two forms:
- Adjustment of Status (Form I-485) — filed within the United States
- Consular Processing — completed at a U.S. Consulate abroad
The employer’s participation at this stage is minimal, typically limited to confirming that the offer of employment remains open. The employee must submit extensive data and documents, undergo background checks and a medical examination. Additionally, applicants through the Consular Processing route will undergo an interview, whereas applicants through the Adjustment of Status route may have to undergo an interview. Depending on several factors, tied primarily to the availability of visa numbers, the final adjudication will take anywhere from 6 to 24 or more months after filing (however, applicants from China and India will generally have to wait several years). A spouse and unmarried children under 21 (as defined under the Child Status Protection Act) may be included as derivative applicants.
In certain cases where a visa number is immediately available, Steps Two and Three may be filed concurrently, shortening total processing time (additionally, in some cases where the priority date becomes current after the filing of the I-140 petition but while the I-140 petition is still pending, the foreign national may become eligible to file for Adjustment of Status prior to the approval of the I-140 petition).
After Permanent Residence Is Granted
Once the green card is approved, the employer is expected to employ the foreign national in the certified position, and the employee is expected to accept and commence that employment. The relationship remains at will — neither party is contractually obligated to continue. However, premature termination shortly after approval may raise questions of good faith and, in extreme cases, could be audited and investigated for fraud by USCIS and / or the Department of Labor.
How Long Does the Full Process Take?
From initiation of the prevailing wage request through final green card approval, the total timeline ranges from approximately three years on the short end to more than twelve years for nationals of countries with significant visa backlogs — most notably India and China in the employment-based categories. All timeframes are subject to change based on agency workload and government policy.
For an overview of employer obligations, costs, and timelines, see PERM Labor Certification at polatsek.law. Polatsek, Boheme & Wilkowski advises employers and HR teams on PERM strategy, recruitment compliance, and long-term workforce immigration planning.
Disclaimer: THIS DOCUMENT INCLUDES GENERAL INFORMATION ONLY THAT IS INTENDED TO HELP CONSUMERS LEARN ABOUT THE LAW AND THE LEGAL SYSTEM. IT DOES NOT CONSTITUTE LEGAL ADVICE AND MUST NOT BE RELIED UPON OR USED AS A SUBSTITUTE FOR THE COUNSEL AND SERVICES PROVIDED BY A LICENSED ATTORNEY. VIEWING THIS INFORMATION DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. ALL CASES ARE DIFFERENT AND LEGAL ADVICE IS HIGHLY DEPENDENT ON THE PARTICULAR FACTS AND LEGAL ISSUES IN QUESTION. ONLY INDIVIDUAL ATTORNEYS CAN PROVIDE ASSURANCES THAT THE INFORMATION CONTAINED HEREIN, AND YOUR INTERPRETATION OF IT, IS APPLICABLE AND APPROPRIATE TO YOUR SPECIFIC SITUATION. YOU SHOULD REFRAIN FROM ACTING ON THE BASIS OF THIS INFORMATION ALONE WITHOUT SEEKING LEGAL ADVICE FROM A QUALIFIED ATTORNEY. RELIANCE AND USE OF THE INFORMATION CONTAINED HEREIN IS DONE AT YOUR OWN RISK.
IF YOU WOULD LIKE LEGAL ADVICE, PLEASE CONTACT OUR OFFICE TO SCHEDULE A CONSULTATION.
