8 April 2019


The PERM process can sometimes feel like an uphill battle, so naturally I receive many questions on this topic. In order to shed some light on the process, I thought I’d share some of the common questions that have come my way! Please also feel free to share some of your questions!

Q: What is PERM?

A: PERM is a U.S. Department of Labor Program, which stands for Program Electronic Review Management. It was implemented in March 2005 to streamline the labor certification process. PERM is a program through which an employer can hire a foreign national by submitting an application online or by mail to the Department of Labor (DOL). By submitting the PERM labor certification on ETA Form 9089, the employer is certifying that the U.S. labor market has been tested through good faith recruitment and through these efforts the employer was unable to find “able, willing, qualified, and available” U.S. workers for the offered permanent position.

Q: What does the PERM application process require the employer to document?

A: The PERM process requires the PERM employer to document its recruitment methods and results, report relevant details regarding the company, the offered position, and the foreign national, and make certain attestations about the position, wages, and recruitment conducted.

Q: How long does it take to file a PERM Labor Certification application?

A: Assuming able, willing, qualified, and available U.S. workers are not found for the job opportunity, it can take 7 months to file a PERM application. In order to file a PERM Labor Certification, a Prevailing Wage Determination is required and recruitment must be complete. Currently, the DOL is taking about 5 months to issue Prevailing Wage Determinations. Once issued, the employer must undergo recruitment. The recruitment process will take at least 60 days. 

Q: Is there any way to speed up the PERM Labor Certification process? 

A. Technically yes. An employer may begin the recruitment process (as described below) while the Prevailing Wage Determination Request is pending. Once the Prevailing Wage Determination is issued, recruitment should be completed. If able, willing, qualified, and available U.S. workers are not found for the job opportunity, the PERM application can immediately be filed. This can speed up the process by 60 days. 

Note, there are additional issues to consider before moving for with this option. Employers should speak with a qualified immigration attorney before doing so.

Q: Once the PERM Labor Certification is filed, how long does it take the DOL to process the case?

A: Processing times fluctuate throughout the year. Currently, the DOL is taking approximately 7 months to  adjudicate PERM applications. General processing times can be found here: FLAG

Q: If the case is selected for Audit, how long does it take the DOL to process the case?

A: Processing times fluctuate throughout the year. General processing times can be found here: FLAG

Q: What must the offered job requirements reflect?

A: The requirements for the permanent job opportunity must reflect the minimum requirements for the position, which is different from preferred requirements.

Minimum vs. Preferred Requirements

PERM Minimum Requirements: PERM regulations state that the education, experience, and training requirements must contain the bare minimum credentials that are needed to perform the job. You can ask yourself: What bare minimum credentials would you need a prospective employee to have to be able to function in a reasonable manner in the position?

Preferred Requirements: These are “real-world” job requirements. For instance, an employer prefers a prospective employee to have a Master’s degree with 15 years of professional related work experience. But, the position, at a minimum, requires a Master’s degree and 1 year of experience to function in a reasonable manner (be minimally qualified for a job). In a “real-world” situation, the employer can require whatever they like, but under PERM regulations, the requirements must reflect those minimally needed to perform the job.

Q: What is a Prevailing Wage Determination?

A: The prevailing wage rate is defined as the average wage paid to similarly employed workers in a specific occupation in the area of intended employment. The DOL issues a wage determination based on the specific position, the requirements for the position, and the area of intended employment, among other things.

Q: What is the mandatory recruitment for both Nonprofessional and Professional occupations?

A: All PERM applications, whether for a professional or nonprofessional occupation, require the following recruitment efforts:

  • 30 day job order with the State Workforce Commission serving the area of intended employment;
  • Two Sunday print advertisements in a newspaper of general circulation; and
  • Notice of Filing to be posted at the job site for a period of 10 consecutive business days.

Q: What is a job order?

A: A job order is an advertisement for a job that is placed with the State Workforce Agency (SWA). For the PERM process, the job order must be placed for at least 30 days. Thereafter, there is a 30 day “quiet period” that must be accounted for prior to filing the PERM application.

Q: What is a Notice of Filing?

A: A Notice of Filing (NOF) is an internal job posting that is placed conspicuously at the PERM employer’s premises for 10 consecutive business days during the recruitment stage of the PERM process. Technically it is not intended to be a form of recruitment, but instead serves to put employees on notice of the company’s job opening and the potential permanent hiring of a foreign worker. The NOF includes instructions for reporting violations to the DOL Certifying Officer. The NOF must end at least 30 days before filing the PERM application, but no more than 180 days before the application is filed.

The PERM employer must now publish the notice of filing in any and all in-house media, whether electronic or printed, that is usually used by the employer for posting such a notice for recruitment of similar positions.

Q: Is there additional recruitment that must be conducted if the PERM application is for a professional job?

A: Yes. In addition to the mandatory recruitment mentioned above, 3 additional recruitment efforts from the DOL’s list must be conducted. The DOL options are as follows:

  • Job Fairs
  • Employer’s company website
  • Job search website (Ex.: Monster)
  • On-Campus recruiting
  • Trade or professional organization
  • Private employment firms
  • Employee referral program
  • Campus placement office
  • Local or ethnic newspaper; and
  • Radio or TV advertisement

Keep in mind that the overall selection of efforts must demonstrate good faith recruitment by the PERM employer. Some recruitment methods may be considered “better” than others depending on the case.

Example: If a position does not have a foreign language requirement, it might not be best to advertise in an ethnic newspaper or if a position requires only 2 years of experience, but does not have an education requirement, it would not be wise to advertise at a campus placement office.  

Q: What is the purpose of the 30 day quiet period?

A: After completing all required recruitment efforts, the PERM employer must allow potential U.S. applicants an additional 30 days to respond. This is called a 30 day “quiet period” and it immediately follows the last day of each recruitment effort. 

Note: If the position is a professional one, ONE of the three additional efforts may take place within 30 days of filing the PERM application.

Q: How long are the recruitment efforts valid?

A: Advertisements are valid for 180 days. All recruitment must be complete including the 30 day job order, the 10-day notice of filing and the 30 day “quiet period” within no more than 180 days. The clock starts on the very first day of recruitment.

Q: What information about the job do the advertisements have to contain?

A: The Advertisements must:

  • Name the employer;
  • Provide instructions on where to send the resume;
  • Provide a description of the position that is specific enough to apprise U.S. workers of the job opportunity;
  • Name the geographic are of employment with enough specificity to apprise U.S. workers of travel requirements and where the applicants likely must reside to perform the job;
  • Contain no wage lower than the prevailing wage;
  • Contain no job requirements that exceed those listed on the PERM application;
  • Contain no wages or terms of employment that are less favorable than those offered to the beneficiary.

Q: Must the job order, newspaper and 3 additional recruitment efforts contain the prevailing wage?

A: No. The DOL does not require that these recruitment efforts contain the prevailing wage. If the employer chooses to include the wage, the wage rate cannot be lower than the prevailing wage. If the PERM beneficiary is offered more than the prevailing wage, then the higher offered wage must be listed.

Q: Must the Notice of Filing contain the prevailing wage?

A: Yes. The DOL requires that the NOF contain at least the prevailing wage. Again, if the PERM beneficiary is offered more than the prevailing wage, the higher offered wage must be listed.

Q: Once my PERM application is filed, is there any way to predict if it will be audited by the DOL?

A: Please visit my post: PERM Audit Triggers

Q: If the offered job for which certification is sought requires experience, must I submit my qualifying experience letters with the PERM application?

A: Technically, no. At the time of filing the PERM application, you will not need to submit your qualifying experience letters to the DOL. You will however need to submit qualifying experience letters with the I-140 Immigrant Petition (2nd stage in the employment based green card process).The experience letters must match whatever information you have provided on ETA Form 9089, including previous job titles and dates of employment. Further, your experience letters will have to be in a certain format as required by USCIS. Therefore, it is a good idea to have these letters prior to filing the PERM application so that they can be properly reviewed and verified by an attorney.

Q: Is it important to provide exact dates and job titles on the PERM application?

A: Yes, it is very important that accurate dates and job titles are provided. If the PERM is filed with certain dates and titles and you later find out that your experience letters have conflicting information, this can cause USCIS to question the case at the I-140 stage.

Q: Can experience gained with the PERM employer be used to qualify for the offered position?

A: Generally no, unless one of the following exceptions is met

  1. Infeasibility to train: Meaning the PERM employer is no longer able to provide the type of experience and training that it provided to the sponsored employee. For a more detailed explanation, please visit my post: Qualifying for the Job Using Experience Gained from the Same PERM Employer: Infeasibility to Train Exception
  2. Substantially Different Jobs: A beneficiary may satisfy the employer’s actual minimum requirement through his or her experience gained with the PERM employer, so long as the position in which the experience was gained is not substantially comparable to the offered PERM position. A “substantially comparable” job means a job requiring performance of the same job duties more than 50 percent of the time.
    1. Example: Software Developer who has only worked for the PERM employer designs and develops software 100% of the time during a typical work day. The PERM employer has promoted the employee to an IT Project Manager and wants to sponsor the employee for that position. An IT Project Manager spending the majority of his/her day (over 50%) performing managerial tasks and the remainder of the time designing and developing software should be able to use the experience gained as a Software Developer to qualify him/her for the IT Project Manager position.
    2. Please also see my previous post: PERM Approval on Reconsideration: Qualifying Experience Gained with PERM Employer
  3. Different FEINs: For example, working for a subsidiary of the same parent company.

Q: Can a PERM beneficiary pay for any portion of the PERM process?

A: No. According to DOL regulations, the PERM employer must pay for the entire PERM process. This includes legal fees and any advertisement costs.

* The I-140 and I-485 can be paid by either the employer or employee.

Q: Can a PERM beneficiary be involved in the recruitment process?

A: No. According to DOL regulations, a beneficiary is not allowed to be involved in any portion of the recruitment process.

Q: Do I have to be in the country for an employer to file the PERM application?

A: No, you do not have to be in the U.S. for an employer to file the PERM application.

Q: Do I have to currently be working for the employer who is filing the PERM application?

A: No, the employer can file a PERM application on your behalf as a future employee. Please note that although this is allowed, your employer must continue to demonstrate its Ability To Pay (ATP) you the prevailing wage listed on the labor certification from the time the PERM application is filed to the time you receive the green card. A PERM employer can demonstrate ATP in 3 ways: (1) Salary paid to the beneficiary, (2) the company’s net income, or (3) the company’s net assets.

Example 1: You are employed by Company A and Company B files a PERM application on your behalf. The prevailing wage for the position is $72,000/year. Because you are currently working for Company A, Company B will have 2 options to demonstrate ATP: (1) through its net income or (2) through its net assets. Company B shows a net income of $500,000. In this situation, the company can demonstrate that it has the ATP you the prevailing wage.

Example 2: Same situation as above, but Company B has a net income of $20,000 and net assets that amount to $60,000. In this case, Company B cannot demonstrate ATP. (You are currently not on payroll, so option 1 is not available)

Example 3: You are employed by Company B from the time of filing the PERM application and are being paid $72,000/year. Company B can demonstrate ATP.

Q: Can 2 or more companies simultaneously file a PERM application for the same beneficiary?  

A: Yes. As long as there is a bona-fide, full-time permanent job opportunity, the DOL does not prohibit 2 or more companies from filing a PERM application for the same beneficiary.

Q: How long is an approved PERM Labor Certification valid?

A: An approved PERM Labor Certification is valid for 180 days.

Q: If I have an approved PERM Labor Certification with a different employer, but never received an approved I-140, can I now port the priority date with my current PERM employer? 

A: No. In order to port your priority date, you must have an approved I-140.

Q: Can filing a PERM application jeopardize my H-1B status?

A: No. H-1B visa holders are allowed to enter the U.S. to work temporarily while simultaneously seeking lawful permanent resident status.

Please also see my PERM Labor Certification Tips!!!

Krystal Alanis

Direct: 713-457-5703

Email: [email protected]

You can also find me on



  1. By Vee-J on

    Hi Krystal,

    Thanks for this blog. I had my I-140 approved with PD as Sep-2011. I stayed with the employer for next 4 years and left the US in 2015. Now, I have another employer wanting me to move to the US (its a US based small firm). Do they have to file for a new PERM & I-140 again? I know I can keep my PD as is but going through the PERM again is big pain. Please let me know.

    1. By KrystalAlanis (Post author) on

      A beneficiary whose I-140 petition has been approved for 180 days or more will not have the petition automatically revoked if the employer goes out of business or withdraws the petition on or after January 17, 2017. In this situation, a beneficiary would be able to retain their priority date from the approved I-140 and use that I-140 to extend their H-1B beyond the 6 year limitation if the priority date is not current. (unless of course the I-140 was withdrawn for fraud, material misrepresentation, material USCIS error, or revocation or invalidation of the underlying labor certification). Note that their new employer will have to sponsor their green card in order for them to eventually adjust status.

  2. By Dev on

    Hi Krystal, I filed a PERM application at the beginning of 2020. It passed 6 months and I do not have any news. Is it normal, things are slower du to Covid?

    1. By KrystalAlanis (Post author) on

      DOL is reporting that cases filed in March are now being adjudicated. This means the DOL is taking about 4 months to adjudicate PERM applications. This likely means your case is out of normal processing times. That being said, we have seen some cases filed in December that were recently adjudicated – so your longer than normal processing could be due to the current backlog. It is also possible the case was audited.

  3. By Ravi on

    Hi Krystal,

    My PERM wage was received from DOL sometime in March 2020. Under COVID circumstances- I have heard that some of the deadlines are extended. Do you know if that deadline extensions do apply for the recruitment begin phase with in PERM wage validity?

  4. By Ram on

    Hi what are the benefits of getting PERM before H1B expiry ( i.e. within 6 years)?

  5. By Gabrial on

    Hi Team – Quick question regarding PERM filling. When I reached out to my company immigration team to file the PERM application, they are saying we are in recruitment phase so we can not file any application until this recruitment phase completed and they are also saying its DOL decision. Can you please let us know how many months this recruitment phase will in place and employer is in texas. Is there any government restriction now to file PERM application?

    Please advise. Thank you.

    1. By KrystalAlanis (Post author) on

      Hi Gabrial,

      The recruitment phase will last a minimum
      of 60 days due to DOL posting requirements.Your labor certification cannot be filed until recruitment is complete (this includes your employer interviewing certain potential applicants and concluding that no able, willing, qualified, and available U.S. workers were found for the position). I hope this helps!

  6. By Khan on

    I submitted my PERM application recently and forgot to disclose a part time (hourly) work experience with my current employer in the past. Do I need to re-submit my application? Please let me know if its important to have all part

  7. By sandy on

    Hi Krystal,

    Thanks for answering questions! It’s very helpful.

    My PERM was filed on October 1st 2019, but haven’t received any update. Lawyer said they will update me as soon as they have some update from DOL.

    I will share my background and would you please let me know if any of the below mentioned points could trigger an audit.

    I had almost 6 years of exp as software engineer (as of Jan 1st 2019. That’s when I started GC processing). Part of that, 4 years of experience is from my home country and 2 years in United States. My job requires Bachelors with at least 2 years of experience.

    1. I gathered all relevant skill/experience letters from my previous 2 jobs. My lawyer is not 100% satisfied and we ended up getting a letter signed by supervisor from company A. So I had the real experience letters from both the companies plus an additional letter from the supervisor of company A, signed on a plain white paper. The supervisor did not supervise me for my entire time with company A. He and I worked only for few months but I had a good connection with him. He switched to different company now.

    2. On 9089, lawyer mentioned only the experience I gained in the USA. i.e the experience I gained after I moved to USA. Though I had around 6 years of exp, he mentioned 1 year of exp from company A and 1 year of exp from company B. I think he did that to satisfy current jobs requirements.

    Other than that, My other phases before PERM, like wage determinations, interviews all went smoothly. I have all necessary documentation in case of audit.

    So, do you think any of the above mentioned points can trigger an audit? Any reason why my case was delayed so long without any update? Please provide your suggestions.


  8. By Roberto on

    Many thanks for your comments. It gives me positive hopes.
    If I understood well your explanation, my lawyer should have sent the new application on Jan 2020? This is what you meant if denial was received on May 2019?
    Thanks for your comments.
    At the moment, this is not important anymore since I got audited again . However, it is to understand if my lawyer resubmit the case with common sense.

    1. By KrystalAlanis (Post author) on

      Hi Roberto,

      You’re welcome! As I did not work on your case, I cannot comment specifically on your attorney’s strategy on your perm application.

      Thank you and stay safe!

  9. By Roberto Rodriguez on

    My company submitted my PERM application first time in 2018, it was audited and denied on May 2019. My company re-submitted application in Oct. 2019. But now, In April 2020 my application got audited again. The first application was audited for foreign language but it was denied due to a received resume spoiled the case in accordance with the CO The second audit was selected, according to my company Lawyer, due to re-submitted application after denial. I have two questions:
    1. If this was the case, according to my company lawyer, when Should my second application have been submitted? After 365 days from denial or within a new year. I am not clear about it.
    2. Are most of the PERM AUDIT denied? or the CO will look for any way to denial the application even if it is a solid case?

    1. By KrystalAlanis (Post author) on

      Hi Roberto,

      Resubmitted perm applications within a year of a denial is an audit trigger. There are many different reasons why a PERM can be denied after audit, but generally if good faith recruitment was conducted, and based on those efforts, able, willing, qualified and available U.S. workers were not found for the sponsored position, then the PERM should be approved. (again there are other issues that could be present with PERM applications as well that could cause a denial).

  10. By Victor Shaw on

    Hi Krystal

    I have couple of general questions as listed below:

    I am currently working for company “X Consulting, Inc”. Recently I learned that my current company has filled my PERM through one of her sister company “X Technologies, Inc”.
    I just like to understand if this is doable as I am not working for sister company. Is this will be issue in my I-140 filling or could call for Audit in my I-140 filling as I don’t work for
    this sister company or could if issue if I join some other employer in future after my I-140 has been approved.

    2) After I-140 has been approved, do we have to wait for six months under current employer as he can revoke his I-140 approved petition or we can join new employer without
    waiting for six months.

    3) Also appreciate if you can suggest, what are the papers which we should request as a employee from our current employers once I-140 has been approved. There are many employer, who
    hide, if perm or I-140 approved for more than couple of months. I just wanted to make sure if everything is good and what papers require to confirm if my I-140 has been approved & good.

    I like to thanks you for helping us with our questions.

    1. By KrystalAlanis (Post author) on

      Hi Victor,

      (1) You do not have to be currently employed by the sponsoring company because the sponsored position is for future permanent employment (once your green card is received). Therefore, this is allowed so long as there is a bona- fide full time job opportunity offered to you. Please note that although this is allowed, the sponsoring company must continue to demonstrate its Ability To Pay (ATP) you the prevailing wage listed on the labor certification from the time the PERM application is filed to the time you receive the green card. A PERM employer can demonstrate ATP in 3 ways: (1) Salary paid to the beneficiary, (2) the company’s net income, or (3) the company’s net assets. If you are not on the company’s payroll, your employer will have to rely on their net income or net assets to demonstrate its ATP the prevailing wage.

      (2) A beneficiary whose I-140 petition has been approved for 180 days or more will not have the petition automatically revoked if the employer goes out of business or withdraws the petition on or after January 17, 2017. In this situation, a beneficiary would be able to retain their priority date from the approved I-140 and use that I-140 to extend their H-1B visa beyond the 6 year limitation (unless of course the I-140 was withdrawn for fraud, material misrepresentation, material USCIS error, or revocation or invalidation of the underlying labor certification). Note that their new employer will have to sponsor their green card in order for them to eventually adjust status. On the other hand, let’s say a beneficiary has an I-140 approved for 1 month and they leave the company. If that employer withdraws the petition after 1 month of approval, the beneficiary would not be able to retain their priority date or use the I-140 to extend beyond the H-1B 6 year limit.

      (3) You can request a copy of the I-140 approval notice. It is also beneficial to retain a copy of the approved labor certification if possible.

      I hope this helps!

      1. By Victor Shaw on

        Many thanks Krystal for detail explanation. Once again appreciate your suggestions.
        Best regards

  11. By Bhargavi on

    Hi Krystal,
    I have couple of questions regarding my green card filing through PERM process in EB-2 category
    1) I got promoted after placing the job advertisement but before filing PERM. Does this impact my green card status? The job duties and responsibilities are 95% exactly the same from Senior Scientist to Associate research scientist. Salary hike is also very minimal less than 10%.
    2) Does my employer’s lawyer has to go through the green card process all over again or can file for PERM application ?

  12. By AkiNed on

    Hi Krystal, I have around 13 year experience with same Company X (8.5 years in Company X at INDIA and 4.5 years in Company X in US location). Position now my company is applying PERM required minimum three years of experience. Can you please let me know I can show experience gained in India from same company X for PERM processing as I don’t have experience from any other companies?

    1. By KrystalAlanis (Post author) on


      Thank you for visiting my blog! In this situation, you can use experience gained with the company abroad if it is considered a different entity than the company located in the U.S. (Example, Parent / subsidiary). I would need more information about the company to make that assessment.

      If however it is the same company, you could also potentially qualify for the perm sponsored position if the role is at least 50% different than the position you held abroad (Example, you were a Software Developer and you are now being sponsored as a Senior Software Developer where the job duties are clearly distinct and more complex).

  13. By adam on

    Thank you so much for that information. I have a small problem. My employer is almost done with the recruitment process. As far as I know, nobody was qualified for the position. But I’m a little bit worried because the job description in job order and in job newspaper ads are (in my opinion) not minimum. I think my employer thinks the same that he made a mistake in job description. My question is, if the PWD is still valid, is there a possibility to start recruitment step from the beginning just to be 100% sure that the recruitment process was made in good faith?

    1. By KrystalAlanis (Post author) on

      Hi Adam,

      The department of labor (DOL) regulations require that the minimum requirements be used for the perm process. Therefore, the job content and requirements must be carefully drafted to encompass what the job truly requires at a minimum, while also not being overly broad. If the company is adjusting the minimum requirements, a new wage determination will need to be issued by the DOL. Keep in mind, the DOL is taking about 4 months to issue prevailing wage determinations at this time. Therefore, I would have a qualified immigration attorney review the case and speak to your employer to advise on the current process. Thank you!

  14. By GhieR on

    Hi! My Perm Reconsideration is May 2019. Based on Icert portal processing time, they are currently reviewing the May 2019 filed for reconsideration. Is this mean that we will here the decision soon?

    Thanks in advance!

    Best regards,

  15. By Joseph on

    Hi Krystal, could you give us 3-5 examples of valid media posting other than posting on bulletin board? I am still confused about this requirement. What are some examples that are commonly used by employer as media posting? Does media posting means that employer has to use email to inform everyone in the company? Our company is using email to send notifications especially if we have interesting event coming, however, we normally do not send job openings via emails. In this case, do we still need to post NOF via email? I feel that sending everyone NOF for 10 consecutive 10 days via emails is super odd in our company. Our company had never done this before

    Also, the requirement said it can be electronic or printed. What are some examples of printed NOF that can satisfy media posting requirement?

    Thank you very much if you can clarify

  16. By Nevers711 on

    Hi Krystal, thank you so much for posting so much useful information here. I have a question about in-house media notice of filing. I am currently applying for PERM, and my attorney told me that I need to post the NOF via Any or All in house media. Our company usually sends out event newsletter via email to everyone in the company once a month, however, that is not an usual way for us to hire similar position. Do you think our company still needs to post the NOF on the newsletter? (Our newsletter usually contain interesting events for the past month, and remind everyone that we are hiring supervisors (not the position I am currently doing))

    1. By KrystalAlanis (Post author) on


      Regarding the in-house media requirement for the NOF, the regulation specifically reads, “…the employer must publish the notice in any and all in-house media, whether electronic or printed, in accordance with the normal procedures used for the recruitment of similar positions in the employer’s organization.” For example, it would not be expected to be posted in a publication devoted to health and safety issues if job vacancies were not normally included in that publication. At the same time, the supplemental information contained with the NOF rule states that no position is per se exempt from the in-house media posting.

      Based on this information as a whole, while no position is exempt from the basic posting requirement, employers only need to post positions on in-house media if this represents their normal procedure for similar positions in the company. If you decide not to post on in-house media though, you should be prepared to document that this represents normal procedure in the event of an audit. DOL is very strict when it comes to the NOF requirement. It is always good to keep in mind that the purpose of the NOF is to provide a way for interested parties to submit documentary evidence bearing on the application rather than as an additional means to recruit U.S. workers.

      Please note that I would need to review all the facts surrounding your case to fully and properly advise on this issue. The information above is based only on the details you have provided. I would consult with your immigration attorney on these issues directly. Thank you!

      1. By Xin Ren on

        Hi Krystal, thank you for your clarifications. However, I still have some questions about in-house media NOF. Could you give me some examples, based on your experience, what are some other common ways other companies are using as in-house media NOF? My attorney asks our company to send emails to everyone for 10 days. To be honest, our company is not very comfortable doing this because we usually do not notify employees job openings via this way, and it is very odd to send everyone with the same email for 10 days. We do not have intranet as well. So could you give me some other examples of accepted ways?

  17. By Naga on


    I have used all my 6 yrs of H1b which was until MARCH-2019 and returned back to my home country India, my employer started my GC at the end of my 6th year in JAN-2019, but now he stopped my processing after PWD was approved and PERM was never filed.

    I found a new employer who is willing to file GC , but my question is say if i get my I140 approved by MAR/APR/MAY 2020 can i apply H1b based on the approved I140 and enter USA immediately after H1b getting approved , or do i need to wait until APR to file H1B and go through the lottery process for H1b which will also reset my 6 yrs (regardless of I140) of h1b but that will give me a start date of OCT-2020,

    Which is the best way to get H1B and enter USA ASAP , file it based on I140 or wait for APR-2020 and if it gets picked and approved come in OCT-2020

    Please advice.

    1. By KrystalAlanis (Post author) on

      Hi Naga,

      Based on the information provided, once your I-140 is approved, your new employer should be able to use that I-140 to obtain an extension of your H-1B beyond the 6 year limit if an immigrant visa number is not immediately available. Once approved, you can reenter the U.S. after visa stamping at the U.S. consulate in your home country. Please note that I would need to review all the facts surrounding your case to fully and properly advise on this issue. The information above is based only on the details you have provided. I would consult with your immigration attorney on these issues directly. Thank you!

  18. By surendra on

    Hi My PERM petition was filed with wrong End date for the SWA job order. Instead of 2018, they mentioned 2019. This is was noticed after 2 months of filling. My attorney informed that this Petition may denial also they stated that they will prepare a request for reconsideration or We starting the recruitment, just in case the reconsideration request is not favorable. .

    My Prevailing wage expiration date is 06/30/2019.

    Do you suggest any other better options rather than filling reconsideration.

    May 6 years max out by Nove 1st week. If we start the recruitment now, can I get approved PERM by Nove.

    1. By KrystalAlanis (Post author) on

      Hi Surendra,

      At this point if the advertisements are expired, you wouldn’t be able to file another perm application with the correct dates using those same advertisements, but you would be able to restart advertisements using the existing prevailing wage determination so long as your employer begins advertising prior to the prevailing wage expiration. Your best option right now would be to restart recruitment as a backup option and if you receive a denial of the pending application, then a request for reconsideration could also be filed if needed. If you begin recruitment now using the existing wage determination, you are looking at an end of August, early September filing date on the new application. The Department of Labor is taking about 1.5 to 3 months to approve labor certification applications once filed (if not audited). So you will be running close to the November max out date. Please note that in order to give exact advice for your specific facts, I would have to review the entire case details. The information above is based only with the details you have provided. I would consult with your immigration attorney on these issues directly. Thank you!


    Hi, my employer filed my Perm in EB2, even though i am eligible for EB1 as international manager, I have H1B Visa, will this Perm EB2 filing will affect my over all GC Processing timelines, can I upgrade to EB1

    1. By KrystalAlanis (Post author) on

      Hi Murugadoss,

      The overall processing time for your green card in the EB-2 category will really depend on your country of birth. You can send me an email with this additional information if you would like ([email protected]). You may be able to upgrade to EB-1 if you qualify for this category under Multinational Manager/Executive. One of the requirements is that you worked abroad as a manager or executive for a company related to the U.S. petitioning employer for at least 1 year within the past 3 years. If you have been in the U.S. in non-immigrant status (H-1B for instance) with the same petitioning employer, affiliate, or subsidiary, USCIS will look to the 3 year period prior to entering the country to work for the U.S. employer. Please let me know if you have any additional questions. Thank you!

  20. By David Kim on

    Hello, I posted this question on LinkedIn already, so feel free to disregard this if it’s already answered.

    Hello, I have a question. From a client’s perspective’s in regard to PERM labor certification,
    he or she wishes the employer and immigration attorney will employ the best strategies so that
    no able, willing, and qualified U.S. worker is found and that he or she will in the end be the one selected
    in the recruitment process so that the employer can sponsor him or her and submit the labor
    certification (ETA-9089) in his or her name. Practically speaking, what are the some of the common
    strategies employed by employers and immigration attorneys to get their desired beneficiary-employee
    selected in the PERM process? I understand that having foreign language can help if it’s truly a business justification.
    What other strategies and methods are there? I assume the way the job description is written is important in this regard.

    Thank you very much.

    1. By KrystalAlanis (Post author) on

      Hi David,

      From the outset, the employer should understand that the Department of Labor is only interested in the company’s minimum requirements for the offered job opportunity. This doesn’t mean that the position description and requirements cannot be detailed. The employer should avoid tailoring the job description/minimum requirements for the PERM position to the beneficiary’s qualifications when drafting the job description. At the same time, you do not want the job details/requirements to be too generic either. When asking the employer what is minimally required for the job, you can also ask if there are any specific minimum skills that are required to perform the job and have the employer quantify that minimum requirement. I have also provided some PERM tips (they are general, but may be helpful): https://theimmigrationfiles.com/2018/04/helpful-tips-perm-labor-certification/

  21. By Mohsin on

    Hello Krystal,

    Hope you are fine. Need some information from you.

    I have applied for perm application on June 20, 2018. My file was randomly selected for audit, i have responded back on Oct 12, 2018 & again DOL sent me RFE ( requested lots of documents), I have submitted all documents point to point on Jan 14, 2019.

    This is the first time my company hiring alien. Is this the reason DOL requested lots of documents? When can i expect result from DOL? Is there any chance to denial after submitting all documents?

    Please advise. Thank you!

    Kind Regards,
    Mohsin Rubel

    1. By KrystalAlanis (Post author) on

      Hi Mohsin,

      There could be a number of reasons why the DOL sent a second request, but I would have to know more about the case to pinpoint the reason. What type of additional documents did the DOL request? If you would like, you can email me directly at [email protected] to schedule a call. Thanks!

  22. By Gceb32020 on

    Hi Krystal, hope you can provide some Initial response to this, my i140 was approved with employer 1 with PD 2011 under EB3. In 2018, I changed to employer 2. I am planning to return back to employer 1 for the same job and have confirmation that my I140 has not been withdrawn. With returning back to Employer 1 after almost a year, can I continue my GC or there is a need for employer 1 to file PERM again? Also, a related question, my salary since 2011 PERM approval has almost doubled with organic promotions and with my job change, will this also be a reason to file PERM again when I return back to employer 1? Thanks again for your expertise and comments.

    1. By KrystalAlanis (Post author) on

      Good morning,

      I apologize for the delayed response, I was out of the office for the holidays. Generally, if your previous employer did not withdraw your approved I-140 petition and the company still intends to hire you permanently in the sponsored position once your green card is received, then a new PERM application should not be needed (The job still needs to be open and available to you). I am a bit confused though as you stated that you will return to your previous employer in the same position, but then went on to state that you had promotions and a job change. Were you in different roles with your previous employer other than the position they sponsored you for? In order to get the full scope of the issue, I would need more information. If you would like, you can email me further information at [email protected]. Thanks!

  23. By User2687 on

    My perm got certified with incorrect employment start and end date. My previous employment end date is aug 18 but it mentioned as aug 08.
    I am in the process of i140 right now. My attorney said no need to worry.
    But is there a way to correct this while filing i140?
    Or if this affect the i140 approval if I go with the incorrect date?
    Please advice. Thanks

    1. By KrystalAlanis (Post author) on


      Generally, because there isn’t a large discrepancy in the dates you should be okay as long as you still meet the minimum requirements based on the correct employment dates. Normally if this was just an administrative or typographical error on the PERM form, you can state that on the cover letter when submitting the I-140 Immigrant Petition to USCIS. This way the dates listed on any employment verification letters for that particular employment history will correctly match. This is just one example of how this can be addressed. As your attorney has complete knowledge of your case, he or she would be better able to assist you on this particular issue. Again, it is always advised that you speak with a qualified immigration attorney before moving forward. Thanks!

  24. By Mica on

    Hello. My Perm was denied because of lack of recruitment. Is it possible for my employer to re fill for a perm?
    Also, I am in Argentina and I have several weddings at the end of the year, unfortunately I do not own a tourist visa. Is it ok if I applied for one after my employer got their perm denied or I should not try because I would mostly get a denied visa?

    Thank you

    1. By KrystalAlanis (Post author) on

      Hi Mica,

      If your PERM was denied, your employer can file a new PERM application, but the company will have to begin the recruitment process from the beginning, as the advertisements are likely no longer valid. There is also an option to file a motion to reconsider on the denial, but success on this motion is very much case specific (your employer has a limited amount of time to file this motion). If your employer does begin the PERM process over again, and the new case is filed within 1 year of a denied PERM application, the case may be audited. I hope this helps!

  25. By Dazzle on

    I have only 1 year 10 months work experience and bachelors degree but the job requires 2 years experience and bachelors degree for labor certification for perm. Do you think this might be a problem or not?

    1. By KrystalAlanis (Post author) on

      Hi! You will have to meet the entire 2 year minimum requirement prior to filing the labor certification. You may want to have an attorney review the specifics of your case to properly determine whether you will meet the requirement by the time your labor certification is to be filed.

  26. By Jean on

    My PERM approved with wrong EIN number of my sponsor company for my attorney’s typo mistake. My attorney filed I-140 with same wrong EIN number.

    I received RFE from USCIS to verity the difference of EIN in PERM and I-140 with EIN in My company’s Corp Tax return, the latter is correct.

    If USCIS recognizes this error, will my PERM and I-140 be denied and should I apply PERM again?

    Please advise. Thank you.

    1. By KrystalAlanis (Post author) on

      Hi Jean! This can potentially cause issues for your case, but it does not necessarily mean it will lead to a denial. But, for a specific situation such as this, your entire case would need to be reviewed by an immigration attorney so that you are properly advised.