For professionals holding advanced degrees or foreign nationals of exceptional ability. PERM is required.
Must have an advanced degree, or a Bachelor’s degree plus five (5) years of post-Bachelor’s, progressive experience. The job being offered must require either of the same.
S. employer must prove to Department of Labor that it followed recruitment protocols and did not find a U.S. worker with the bare minimum qualifications to do the job offered (PERM application).
Once DOL certifies PERM application, employer must file Immigrant Petition with USCIS, proving that it can pay the fair wage and that foreign national qualifies for the job offered.
Applicants and their immediate family members (spouse and any children under 21) must then file individual applications for permanent residence with USCIS if they already in the U.S. in valid nonimmigrant status. They can also opt to apply for immigrant visas abroad at a U.S. Embassy or Consulate
On average, four months to get a prevailing wage from DOL; two to three months to conduct recruitment; 3-6 months for DOL to certify PERM.
The I-140 immigrant visa petition with USCIS follows the DOL approval of the PERM. USCIS regular processing takes 7-10 months. Premium Processing is available which reduces processing time to 15 days.
The processing of individual applications for permanent residence with USCIS or immigrant visas abroad generally take several additional months following the approval of the I-140 immigrant visa petition.
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