Preparation of the labor certification application package is complex and will take more preparation time than the typical nonimmigrant (H or L) petition. When complete, the labor certification application is submitted electronically to a national Department of Labor (DOL) processing center. The date of submission of the online form will serve as the priority date for the entire permanent residency process (i.e., one's place in the green card queue).

The DOL will review the labor certification application and may perform an audit of the application and request that specific documentation be submitted. The online system may randomly select cases for audit as well. When review is complete, the DOL will either issue its approval or other decision based on the merits of the application. Approved applications will be returned to attorneys handling the case, and both the employer and the employee will be required to sign the approved application before it can be used in the second stage of the process. The PERM process may typically take anywhere from three to six months to complete (less time if the sponsoring employer has an ongoing recruitment program in place for the position in question).

I-140 Immigrant Petition

Once the labor certification application is certified, it provides the basis for the sponsoring employer to move to the second stage of the process and file an I-140 immigrant petition with the U.S. Citizenship and Immigration Service (CIS). CIS determines whether the foreign national meets the job requirements specified in the PERM labor certification. Processing times vary over time and also depend on other variables such as the service center jurisdiction.

I-485 Application for Adjustment of Status to Permanent Residence

The I-140 petition provides the basis for the employee's I-485 application for adjustment of status (AOS) to permanent residence., The employee, along with his/her dependents, can file his or her I-485 application with the I-140 or after the I-140 is filed, as long as his or her "priority date" is current, "Priority dates" are the queuing system for cases under an immigrant quota. At present, certain foreign nationals petitioning under employment-based categories are required to wait for their priority dates to become current in order to submit their AOS applications. The US Department of State issues a monthly visa bulletin that indicates which countries and categories fall under these limitations, which can be found at http://travel.state.gov/visa/frvi_bulletin.html.

A 'C' on the charts in the middle of the bulletin means that the category is "current" and there is no need for applicants born in that country to wait to file an AOS application. If a date is indicated, a person born in that country (with certain exceptions) must wait to file the AOS application if his or her priority date is not current (i.e. his or her labor certification was filed after that date).

Along with the AOS application, applications for travel permission (advance parole) and employment authorization may also be filed for the employee and dependents. Once the advance parole application is approved, the employee and dependents will be able to travel outside the United States even if they do not have valid nonimmigrant status. Once the employment authorization document (EAD) is approved, the employee's dependents will be authorized to work in the United States. With the approval of the AOS application, the employee and dependents become U.S. permanent residents.

Due to the many variables that can affect timelines, it is difficult to generalize or predict the time required to complete the green card process. For planning purposes, a range of one to three years is common, but longer time frames apply in categories where the visa backlog is severe, e.g., second and third preference categories for individuals from India or China.