We recently received the approval of a DOL ETA 9089 (PERM) for a Civil Engineer. We discuss this approval and the process here.
What is a DOL ETA 9089?
DOL ETA 9089 is more commonly referred to as PERM. An approved 9089 from the DOL is the first step in acquiring a green card for many EB-2 and EB-3 professions. Once the 9089 is approved, the employer can then file USCIS Form I-140 Petition for Foreign Worker.
When can the Form I-140 Petition be filed?
Form I-140 Petition for the foreign worker can be filed as soon as the 9089 is approved. In fact, the 9089 is only valid for the time listed on the approval. Form I-140 must be filed during the validity period of the 9089. If not timely filed, a new 9089 will need to be obtained.
When can I file Form I-485 adjustment of status?
As long as the priority date is current, Form I-485 can be filed concurrently with the I-140 Petition. If the priority date is not current, you must wait until the priority date is current on the visa bulletin.
What if I am consular processing?
As soon as your priority date becomes current you will receive a notification from the National Visa Center (NVC) to complete the steps for consular processing. The wait times depend on the visa bulletin.
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We Can Help!
The immigration lawyers at Richards and Jurusik Immigration Law have more than 20 years of experience helping people live and work in the United States under PERM. Contact us today for a free assessment of your legal situation.