After the labor certification application (PERM) is certified by DOL, it should be signed immediately by employer and the beneficiary and the PERM should be submitted to the USCIS service center along with a Form I-140, Immigrant Petition for Alien Worker.
The PERM certification has a validity period of 180-days and expires if not submitted to USCIS within this period.
For cases without the need for a PERM labor certification, the Petitioner could submit the EB-2 or EB-3 petitions with completed ETA Form along with I-140.
The I-140 petition would demostrate:
- Employer has the ability to pay the proffered wage and will continue to have such an ability in cases where employer’s sponsorship is involved.
- The beneficiary has the required education, experience, training and other background in accepting the offered job or pursuing the proposed occupation.
- I-94 and other immigration documents in case the immigrant is in the U.S.