So, you've navigated the complex world of PERM labor certification and your case status is now showing as "Certified"? Congratulations! This is a significant milestone on your path to obtaining a green card through employment in the United States. But what does this "Certified" status really mean, and what are the next steps you need to take? Let's break it down in simple terms.

Understanding PERM Labor Certification

Before diving into the meaning of a "Certified" status, it's crucial to understand what PERM labor certification actually is. PERM, which stands for Program Electronic Review Management, is a process overseen by the U.S. Department of Labor (DOL). Its primary purpose is to protect the U.S. labor market by ensuring that hiring a foreign worker will not adversely affect the wages and working conditions of U.S. workers who are similarly employed. In essence, employers must prove that there aren't enough qualified, willing, and able U.S. workers available to fill the job position being offered to the foreign national.

The PERM process involves several key steps, including:

• Job Posting and Recruitment: The employer must conduct a series of recruitment activities, such as posting job advertisements in various locations (online, newspapers, etc.), and engaging in other recruitment efforts relevant to the specific industry and occupation. This is to demonstrate that they have made a genuine effort to find qualified U.S. workers.
• Prevailing Wage Determination: The employer must obtain a prevailing wage determination from the DOL, which establishes the average wage paid to similarly employed workers in the same geographic area. The employer must agree to pay the foreign worker at least the prevailing wage.
• Filing the PERM Application (Form 9089): Once the recruitment process is complete and the employer has not found any qualified and available U.S. workers, they can file the PERM application (Form 9089) with the DOL. This application includes detailed information about the job position, the employer, and the foreign worker.
• DOL Review and Adjudication: The DOL reviews the PERM application to ensure that all requirements have been met. They may request additional information or conduct an audit of the employer's recruitment efforts. If the DOL is satisfied that the employer has complied with all requirements and that hiring the foreign worker will not adversely affect the U.S. labor market, they will certify the PERM application.

The entire PERM process can be lengthy and complex, often taking several months or even years to complete. It requires meticulous documentation and strict adherence to DOL regulations. Any misstep or error can result in a denial of the PERM application, so it's essential for employers to work with experienced immigration attorneys throughout the process.

"Certified" Status: The Green Light!

Okay, so your PERM case is showing as "Certified." What does this really mean for you and your green card aspirations? Simply put, a "Certified" status means that the DOL has approved your employer's PERM application. They have determined that your employer has demonstrated that there are no qualified and available U.S. workers for the position and that hiring you will not negatively impact the wages or working conditions of U.S. workers. It's like getting a green light from the DOL to move forward with the green card process.

Think of it this way: the PERM process is like building the foundation for a house (your green card). The "Certified" status means that the foundation has been successfully laid and inspected, and you can now start building the rest of the house. It's a major accomplishment and a significant step towards achieving your goal of permanent residency in the United States.

However, it's important to understand that a "Certified" PERM application does not automatically grant you a green card. It's just one piece of the puzzle. You still need to complete the remaining steps in the green card process, which we'll discuss in more detail below.

What Happens After PERM is Certified?

So, you've got the "Certified" status – great! What comes next? The subsequent steps depend on whether you are currently in the United States and your priority date.

1. Filing the I-140 Immigrant Petition

The next crucial step is for your employer to file an I-140 Immigrant Petition for Alien Worker with U.S. Citizenship and Immigration Services (USCIS). The I-140 petition essentially asks USCIS to recognize you as someone who is eligible for a green card based on the approved PERM labor certification. This petition must demonstrate that you meet the minimum requirements for the job as specified in the PERM application.

When filing the I-140, it's essential to include a copy of the certified PERM labor certification. USCIS will review the I-140 petition to ensure that you meet the qualifications for the job and that the employer has the ability to pay the offered wage. The processing time for the I-140 can vary depending on the USCIS service center and the type of employment-based green card category.

2. Checking Your Priority Date

Your priority date is the date that your PERM labor certification was initially filed. This date is crucial because it determines your place in line for a green card. The U.S. government sets annual limits on the number of green cards that can be issued in each employment-based category and for each country of origin. When the demand for green cards exceeds the available supply, a backlog develops, and individuals must wait for their priority date to become current before they can proceed with the final step of the green card process.

The Visa Bulletin, published monthly by the U.S. Department of State, provides information on the availability of immigrant visas (i.e., green cards) for each employment-based category and country. You can check the Visa Bulletin to see if your priority date is current. If your priority date is current, you can move on to the next step.

3. Filing the I-485 Application to Adjust Status (if in the U.S.) or Consular Processing (if outside the U.S.)

• If you are already in the United States in a valid non-immigrant status, you can file Form I-485, Application to Adjust Status, with USCIS. This application requests that USCIS adjust your status from your current non-immigrant status to permanent resident status (i.e., green card holder). You can generally file the I-140 and I-485 concurrently if your priority date is current and visas are available.
• If you are outside the United States, you will need to go through consular processing. This involves applying for an immigrant visa at a U.S. embassy or consulate in your home country. The National Visa Center (NVC) will notify you when it's time to submit your application and supporting documents. You will then attend an interview at the U.S. embassy or consulate, where a consular officer will determine your eligibility for a green card.

4. The Green Card Interview and Approval

Whether you are adjusting status in the United States or going through consular processing, you will likely be required to attend an interview. During the interview, a USCIS officer (if you are adjusting status) or a consular officer (if you are going through consular processing) will ask you questions about your background, your qualifications, and your intentions in the United States. They will also review your application and supporting documents to ensure that you meet all the requirements for a green card.

If the interview goes well and the officer is satisfied that you are eligible for a green card, your application will be approved! You will either receive your green card in the mail (if you are adjusting status) or be issued an immigrant visa that allows you to enter the United States as a permanent resident (if you are going through consular processing).

Important Considerations

• Validity of the Certified PERM: A certified PERM labor certification is generally valid for 180 days from the date of certification. This means that the I-140 petition must be filed within 180 days of the PERM certification date. If the I-140 is not filed within this timeframe, the PERM certification will expire, and the employer will need to start the PERM process again.
• Changes in Employment: If there are significant changes in your job duties or the employer's business after the PERM is certified, it could affect the validity of the PERM certification and the I-140 petition. It's important to consult with an immigration attorney if there are any changes in your employment situation.
• Maintaining Non-Immigrant Status: If you are in the United States while your green card application is pending, it's crucial to maintain valid non-immigrant status. Failure to maintain valid status could jeopardize your ability to adjust status to permanent resident.
• Consult with an Immigration Attorney: The green card process can be complex and confusing, especially with the ever-changing immigration laws and regulations. It's always a good idea to consult with an experienced immigration attorney who can guide you through the process and ensure that you meet all the requirements.

In Conclusion

A "Certified" PERM case status is definitely something to celebrate! It signifies that you've cleared a major hurdle in the green card process. However, it's essential to remember that it's not the finish line. You still need to take the necessary steps to file the I-140 petition, monitor your priority date, and either adjust status in the United States or go through consular processing. By understanding the process and working with experienced immigration professionals, you can increase your chances of successfully obtaining your green card and achieving your dreams of living and working permanently in the United States. Good luck, guys! This is an exciting journey, and I hope this article helps you navigate it with confidence. Remember to always consult with an attorney.