The Labor Certification visa is a three step process.  Before the process can begin the employee must have a petitioning employer process or sponsor him other for a particular position, what some call a Green Card sponsor.  The employee, if already employed by the sponsoring employer, must stay with the employer throughout the process and even after the Green Card is received.

The first step of the process is to prepare and file the application with the Department of Labor (DOL) under the current PERM program.  Prior to filing the application, the employer is required to test the market, which becomes a part of the PERM application.  Once DOL process and certifies the application, the case is ready for the second step.

The second step is to file the petition with CIS (INS).  The importance of this step is to show that the petitioning employer/sponsor can pay the offered wage and that the employee is qualified for the position.  Once CIS process the peititon and it is approved, then the case is ready for the third step.

The third step is applying for Legal Permanent Residence/Green Card.  The basis for the application are the prior two steps.  In order to file the application to process the residency, the priority date of the case must be current.  The priority date is the day the case was received for processing at DOL.  Also, the movement of priority dates is based on the category under which the petition was filed.  For example, if the position required a masters degree as a minimum requirement, then the position might be eligible for the second preference category.  So, once the priority date becomes current, the beneficiary may apply for the Green Card or Permanent Residence.

For more information, please contact me at audrey@gloverdichter.com or 954-450-1563.