Adjustment of Status Faces Higher Scrutiny
AOS is discretionary, not a substitute for standard immigrant visa processing
09/06/2026
If you’re seeking U.S. permanent residency through a job offer, the PERM process (Program Electronic Review Management) is your first major step. It’s a labor certification system managed by the U.S. Department of Labor (DOL) that ensures hiring a foreign worker won’t negatively impact U.S. workers. The sponsoring employer must first obtain a prevailing wage determination, then conduct a strict recruitment process to test the U.S. labor market. For professional positions, this typically includes newspaper ads, online postings, and coordination with the state workforce agency. Only if no qualified U.S. worker is found can the employer proceed to file the PERM application (Form ETA-9089).
Once the PERM is approved—usually within six to nine months unless audited—the employer must file Form I-140 with USCIS to prove the legitimacy of the job offer and the foreign worker’s qualifications. This petition can be expedited with premium processing. After I-140 approval, the applicant may file for Adjustment of Status (Form I-485) within the U.S. or go through consular processing abroad. These final steps depend on the applicant’s priority date becoming current, as published monthly in the U.S. Department of State’s Visa Bulletin.
In 2025, compliance is more critical than ever, especially around prevailing wage determinations and how remote or hybrid positions are classified. USCIS and DOL have increased scrutiny of job roles and wage levels. Overall, the PERM-based green card process can take 12 to 24 months—or longer if delays or audits occur. Given its complexity, it’s highly recommended to work with experienced immigration counsel, especially for H-1B visa holders nearing their six-year cap.
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