Understanding PERM vs Green Card: A Step-by-Step Tutorial for Immigrants

Introduction

Immigration processes such as the PERM process and the Green Card application process can be difficult for immigrants to understand. These two processes hope to bring stability to the lives of immigrants who hope for a better life in the United States by granting them legal resident status. Many hope for more than just legal status and need the right support and guidance in order to gain insight and confidence in the processes of the PERM and Green Card applications.

The PERM and Green Card processes can be very confusing because of the constant change in the rules and requirements that must be fulfilled in order to successfully apply for both a Green Card and go through the PERM process to attain permanent resident status in the United States.

Define PERM and Green Card: Key Concepts for Immigrants

The process to obtain permanent residency through the labor certification method for foreign nationals includes several steps. A foreign national applies for employment with a U.S. company through labor certification, approval of foreign national for U.S. job when there are no qualified U.S. workers for that foreign national’s offered job, and a Permanent Resident Visa (Green Card) for foreign national in order to reside in the U.S. on a permanent basis and to work in the U.S. on an indefinite basis as a lawful permanent resident. In 2026, applicants for residency in the U.S. will go through the residency permit process. The process includes:

1. The submission of the application
2. The biometrics appointment
3. The assessment of the application
4. The applicant’s interview
5. The final determination made by U.S. immigration authorities

There are delays in the system caused by the updated security protocols, and processing time for applications may vary.

However, in the meanwhile, the foreign national and permanent resident applicants should note that for those attempting to obtain employment and in order to also obtain residency in the U.S., that in general foreign nationals and in particular those from foreign countries seeking to obtain residency in the U.S. have often found that the foreign nationals who obtained lawful permanent residence (i.e. Green Cards) were those applicants who also maintained status as lawful residents and/or aliens of the U.S. While residing in the U.S. as aliens, Green Card holders must be in the U.S. for a specific and fixed period of time (i.e. ‘resident aliens’), and must remain a resident of the U.S. in an uninterrupted and fixed period of time (i.e. ‘permanent residents’), such as being outside of the U.S. for less than 6 months in order to be classified as residents in the U.S. However, if a Green Card holder for too long leaves the U.S. without having properly, legally, and lawfully obtained permission and in other words remaining outside of the U.S. for a prolonged and fixed period of time (i.e. ‘residing outside of the U.S. in absence of having obtained lawful permission to depart the U.S. for said period of time’) will most likely and probably lose their Green Card as aliens who were permanently residing in the U.S. when such time occurred, and would most likely and probably be deported back to the foreign country of origin from where they departed from the U.S. when the events transpired that resulted in which time such permanent residence had not yet been obtained.

However, legal representation can be costly, which is why we charge for our legal services on a flexible basis. This way, we are able to provide the kind of legal representation that foreign nationals and permanent residents need in order to protect their interests and secure their future, without placing an excessive burden on their finances.

Key Definitions:

• PERM: approval of foreign national for U.S. job when there are no qualified U.S. workers for that foreign national’s offered job.
• Permanent Resident Visa (Green Card): a permission to reside in the U.S. on a permanent basis and to work in the U.S. on an indefinite basis as a lawful permanent resident.

As explained in the preceding sections, William J. Vásquez, and the rest of the talented lawyers at Vasquez Law Firm are here to assist foreign nationals, in addition to providing employment-based visas for Green Card holders, who are seeking to obtain a Green Card. In addition, the staff at Vasquez Law Firm can help protect the rights and future of lawful permanent residents who are residents of the United States.

Outline PERM Requirements and Application Process

The foreign worker and his/her employer go through many steps in deciding whether to go through the foreign worker’s PERM application or apply for the foreign worker’s Green Card. Below is an article outlining the various steps in the foreign worker’s PERM application process.

1. Job Offer: The foreign worker will be offered a permanent, full-time job.
2. Prevailing Wage Determination: As part of the application process, a foreign worker and their employer need a Prevailing Wage Determination (PWD) from the Department of Labor (DOL) to confirm that the foreign worker is offered the same wage and terms and conditions of employment as offered to U.S. workers and that the wage rate offered to the foreign worker is the appropriate prevailing wage rate for the occupation as required by industry. In April and March 2026, requests for prevailing wage determinations for wage requests submitted during those months are being issued in a timely manner in accordance with law. As noted above, the issued Prevailing Wage Determinations contain the required information to address the wage rate(s) that apply to the foreign worker.
3. Recruitment of U.S. workers: Employers must conduct, prior to filing the application for Labor Certification, the required good-faith recruitment of U.S. workers. In order to determine whether there are U.S. workers able and willing to perform the required work, employers must advertise the vacancy in newspapers and on the Internet, as well as in professional associations of employees in the same field as that of the foreign worker. All of the above-mentioned measures are to be documented and such documents shall be submitted to DOL during an audit of the application, upon their request. All documents pertaining to the immigration of foreign workers must be: (a) consistent; (b) non-discriminatory and (c) in compliance with the changing rules of U.S. immigration.
4. Submit the Labor Certification Application: Once the necessary steps of the recruitment of candidates have been completed, the employer will fill out the application for the Labor Certification and send it, together with the supporting documents for the job and the prevailing wage, to the Department of Labor (DOL).
5. DOL Review: In a matter of days or weeks, DOL will review the labor certification application for a foreign worker. You have to wait for a long time for the DOL to complete the review of a labor certification application. Waiting for the DOL to complete the review of a labor certification application can take a long time. The processing time for a labor certification application is currently 403 days for a standard (non-audited) application. This time frame does not include time for a prevailing wage determination or for the employer’s recruitment efforts. Therefore, it is very important to complete and submit the application in a timely manner and with complete information.
6. Audit Possibility: The time needed for audited cases, where the employer requires additional documentation, can add up to 290 days on top of the 403 days (on average for standard, non-audited cases, as of mid-2026) that it takes for DOL to complete the review of a labor certification application. This lengthy process is why it is crucial for employers and foreign workers to complete and submit the required application in a timely manner with complete information, while also paying special attention to proposed rule changes that may affect small businesses, startup companies and other similar employers and their perm vs green card applications.

These are the steps for both foreign workers and employers to go through in order to complete their perm vs green card application.

Explain the Green Card Application Steps After PERM Approval

The Step by Step Green Card Process vs Perm Process for Permanent Residency and Steps to Take After the PERM Approval Process is Completed.

1. Filing Form I-140: Your employer must submit an Immigrant Petition for Alien Worker (Form I-140) to the USCIS. This is necessary because your employer’s authorized labor certification was filed with your PERM application. The I-140 establishes your eligibility for a residency permit in the U.S.
2. Supporting Documentation: Your employer will need copies of the following supporting documents for your I-140 Immigrant Petition: Approved PERM labor certification for your employment; Job offer to you in written form; Proof of qualifications to perform job requirements.
3. Priority Date: After your I-140 Immigrant Petition has been submitted to USCIS for processing you will receive a priority date. This date will be important when it is time to apply for your residency permit.
4. Adjustment of Status or Consular Processing: If you are in the U.S. when your I-140 Immigrant Petition is approved, then you will need to file for Adjustment of Status (AOS) using Form I-485 (Application for Permanent Residence). If you are outside of the U.S. when your I-140 Immigrant Petition is approved, then you will go through the process of Consular Processing and get your permanent resident card at a U.S. embassy or consulate in your home country.
5. Final Steps: Once you have received approval of your I-485, you will be granted a Green Card and you will have been granted Permanent Resident Status in the U.S. If you were abroad for the Consular Processing of your residency permit, you would also be considered a Permanent Resident of the U.S. for purposes of obtaining a Green Card and residence in this country.

Now that you have all the necessary steps to apply for a Green Card, or Green Card through PERM Labor Certification, you can confidently and successfully apply for a permanent resident card to achieve your goals and live with your loved ones in the U.S. as permanent residents.

Identify Challenges in the PERM and Green Card Processes

Deciding Between the Perm Process and Green Cards for Foreign Employees is Like Choosing Between Two Difficult Paths. Both require a great deal of time and paperwork, and processing time for both can be very long. The following list describes some of the problems with both of these processes.

1. Processing Time: It takes the Department of Labor (DOL) approximately 16 to 17 months to process a PERM application, noting additional time for processing if the applicant is from a country with high demand such as India or China for example.
2. Audit Risks: The audit of the PERM application selected for examination by the DOL will require additional processing time and documentation.
3. Recruitment Challenges: Such documentation required for Proof of Application for foreign employees is often considered as too difficult to complete. The written evidence must be completed in great detail in respect of the efforts for recruitment, also required to prove “sufficient recruitment efforts” for 60 days, i.e., advertisements must have appeared on various necessary mediums to recruit employees from within the U.S.
4. Changing Regulations: The laws and policies regarding Immigration are subject to change. Therefore, the requirements to qualify for a Green Card may change while your application is being processed. Right now, there are restrictions placed on the ways in which permanent resident status can be obtained. Therefore, the process of obtaining a Green Card through adjustment of status (e.g. via PERM vs Green Card) is becoming more difficult.
5. Complex Documentation Required: All perm and green card applications require an extensive amount of documentation to complete the application for permanent residence. These documents, completed by both the employer and the employee, require the most accurate and up-to-date information in order to process the application for permanent residence in a timely manner.

Immigration Lawyers can guide their clients through the Form ETA-9089 process as the Department of Labor looks at the application and the interpretation of the Kellogg language. In the meantime, applicants can keep informed as to the current changes in Immigration Policy and complete all required documentation in preparation of a Green Card by way of a permanent resident application.

Conclusion

Just Starting Your Immigration Journey? Then you need to be aware of the PERM process and the process to apply for a Green Card. This Guide through the steps required for PERM and for the Green Card Application Process will also highlight some of the difficulties along the way.

Just remember that timely filing of applications, complete documentation and preparation for possible audits are the main elements required for the successful completion of the PERM process for achieving your immigration goals. Experienced attorneys at the Vasquez Law Firm can help you navigate through the detailed requirements for your successful immigration. Moreover, at the Vasquez Law Firm, we strive to offer the best legal services to our clients while keeping in mind that they are immigrants and may not have a lot of savings. We therefore offer flexible payment plans and 24/7 phone and email coverage to attend to any urgent legal matters that may arise.

While completing the necessary forms to overcome immigration obstacles to achieve permanent residency in the U.S. in itself can be a challenging task, many find that seeking the assistance of a professional, be it experienced legal professionals or other resources and information, helps to smooth the way and ensure that any alterations in laws along the way are anticipated and prepared for. Ultimately, with the help of professionals, all who have traveled this long and arduous path can look forward to the end of their journey to be rewarded with the award of a Green Card and become permanent residents of the U.S.

Frequently Asked Questions

What is PERM in the context of U.S. immigration?

PERM is the process of approving a foreign national for a U.S. job when there are no qualified U.S. workers available for that position.

What is a Permanent Resident Visa (Green Card)?

A Permanent Resident Visa, commonly known as a Green Card, allows an individual to reside in the U.S. permanently and work indefinitely as a lawful permanent resident.

What are the steps involved in obtaining permanent residency through labor certification?

The steps include submitting the application, attending a biometrics appointment, having the application assessed, participating in an interview, and receiving a final determination from U.S. immigration authorities.

Are there any delays in the residency application process?

Yes, there are delays caused by updated security protocols, and processing times for applications may vary.

What is required for foreign nationals to maintain their Green Card status?

Green Card holders must reside in the U.S. for a specific and uninterrupted period, typically not leaving the U.S. for more than six months, to maintain their status as permanent residents.

What happens if a Green Card holder stays outside the U.S. for too long?

If a Green Card holder remains outside the U.S. for an extended period without proper legal permission, they may lose their Green Card and could be deported back to their country of origin.

How does Vasquez Law Firm assist with the Green Card process?

Vasquez Law Firm provides legal representation for foreign nationals seeking to obtain a Green Card and offers flexible payment plans to ensure that legal services are accessible without excessive financial burden.

What additional services does Vasquez Law Firm offer?

In addition to assisting with Green Cards, Vasquez Law Firm helps protect the rights and future of lawful permanent residents and provides employment-based visas.

List of Sources

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