Last Updated on March 2, 2023
This post is the third part of the PERM recruitment process blog series, a continuation of PERM recruitment stages 1, 2 and 3.
PERM recruitment stages
- Prevailing Wage: Time frame varies (includes pre-recruitment activities)
- Job Order: Must run for 30 days (can run concurrently with recruitment activities)
- Recruitment Activities: Time frame varies (max 150 days)
- Form ETA-9089: Following a mandatory 30-day cooling off period
- I-140: Requires supporting documentation and adjudication period
- I-485: Includes appointment at USCIS and approval notice
PERM Filing Stages 4-6 (ETA-9089, I-140, I-485)
When all of the PERM recruitment process documentation has been received by the attorneys, Form ETA-9089 (and, if applicable, ETA-9089 Additional Jobs) will be prepared for the employer and employee’s review. The attorneys will not be filing this form with the government; it merely reflects the online PERM questionnaire.
The PERM recruitment process application is filed online and could be adjudicated in as little as six months unless audited by the DOL. In the case of an audit, the employer will have 30 days to submit their recruitment documentation to the DOL.
TIP: The employer must also show that they have the financial ability to pay the proffered wage as indicated on ETA- 9089. U.S. Citizenship and Immigration Services (USCIS) will accept the following:
- Annual report (net income must exceed proffered wage)
- Tax returns (net income must exceed proffered wage)
- Audited financial statement (net income must exceed proffered wage)
- W-2 and pay statements (actual wage must exceed the proffered wage) or, if employer employs more than 100 employees, a letter from a financial officer regarding company’s ability to pay
Instructions on Reviewing PERM Forms
Clicking on any of the hyperlinked forms will open them up for your review and editing. Please note that if the hyperlinks are grayed out, the forms are being reviewed by the attorneys.
You have three options for your review and approval of your forms:
- Review each form, approve them without any additional changes by clicking on the “Approved” checkbox, and click the “Submit to Attorney” button.
- Review each form, make any necessary changes by clicking the “Update” button, and submit them back to the attorneys for review. After looking over the forms for accuracy, we will send them back to you again for your review. You may review and update the forms as often as you like until they are correct.
- Review each form, make any necessary changes by clicking the “Update” button and “Approved” checkbox, and submit them to the attorneys by clicking the “Submit to Attorney” button.
Instructions on Reviewing Letters
To review or edit the letters, follow these steps:
- Click on the letter hyperlink in the “Letters Needed” section.
- A pop-up window opens. Click on the “Download Letter” button.
- Choose “Save,” then save the file to your computer (for example, on your computer’s desktop or your C drive).
- Go to the area on your computer where you saved the file, and open it.
- You can review and edit it as necessary. If you make edits to the letter, be sure to save your changes, and be sure the document is in Rich Text Format (with a “.rtf” file extension).
- Once you have completed your reviews or edits, you will need to upload the file to our system.
- Click on the document hyperlink in the “Letters Needed” section.
- A pop-up window opens. Click on the “Browse…” button.
- Locate the file on your computer, select it, and click “Open.”
- Click “Upload Letter” to complete this process.
- You have three options for the review and approval of your letters:
- Review each letter, approve them without any additional changes and submit them back to the attorneys. Then, click the “Submit to Attorney” button to send them to the attorneys.
- Review each letter, make any necessary changes in the document, save and upload, and submit back to the attorneys for review. After looking over the letters for accuracy, the attorneys will send them back to you for your review. You may review and update the letters as many times as you like until they are correct.
- Review each letter, make any necessary changes in the document, save and upload it, then click the “Submit to Attorney” button.
