Foreign nationals who have a sponsoring employer are eligible to pursue permanent residency in the United States through the process known as filing an "Application for Labor Certification" with the U.S. Department of Labor. This is also known as filing a PERM (Program Electronic Review Management) Application. These applications are filed using the U.S. Department of Labor’s Form ETA 9089. Although this form may be submitted by mail, it is highly recommended to use the U.S. Department of Labor’s system for on-line filing of PERM applications.
The entire process of obtaining U.S. Permanent Residency using this procedure can be lengthy, due to considerable backlogs at both the Department of Labor and the U.S. Citizenship and Immigration Services ("USCIS").
There are actually three phases involved in obtaining U.S. Permanent Residency through this process:
The first phase involves the U.S. Department of Labor, the second phase the U.S. Citizenship and Immigration Service (“USCIS”) and the third either the USCIS or the U.S. Department of State.
You may learn about each phase below. Contact immigration attorney Michael McVicker for more information about how our firm can assist with the PERM process.
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