To have a labor certification approved under the PERM process for a nanny position, the employer must complete six main steps:
a) Offer the noncitizen a permanent, full-time job that begins no later than the date the worker becomes a permanent resident.
b) Request a Prevailing Wage Determination (PWD) from the U.S. Department of Labor (DOL). The process typically takes around four months.
c) Conduct good-faith recruitment efforts to hire a qualified U.S. worker before offering the job to the foreign nanny. This includes:
c.1 Posting a detailed job notice, including offered wage, for 10 consecutive business days at the worksite.
c.2 Running two advertisements in the Sunday edition of a major newspaper.
c.3 Submitting a job order to the State Workforce Agency (SWA) for at least 30 days — in California, this is CalJobs.
d) Prepare a written explanation for rejecting any U.S. applicants, ensuring rejections are based only on lawful job-related reasons.
e) File the PERM application with the ETA Application Center.
f) Respond to any additional document requests from the Certifying Officer, if required.
In total, the process generally takes about 3–4 months from the time all employer and employee questionnaires are completed.
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No. The Prevailing Wage Determination must be issued before filing the labor certification. To save time, employers may start recruitment immediately after requesting the PWD by using the highest wage level. For nanny positions, wage differences between levels are small (around $13–$16), allowing recruitment to proceed without delay. By following this approach, employers can file the labor certification roughly four months after submitting the PWD, saving 4–5 months of total processing time.
Typically, it takes around six months after submission to receive a decision. However, processing speed depends on workload and case specifics. Sometimes, the DOL may issue an “audit” requesting evidence of recruitment or other details. Audits are partly random but can also be triggered by specific conditions. If audited, expect an additional six months for approval. Our attorneys can help minimize audit risks through strategic case planning.
After PERM approval, the next step is filing the immigrant petition (Step 2 of the green card process). With premium processing, USCIS can approve the petition within 15 days. If a Request for Evidence (RFE) is issued, this may add about one more month to the timeline.
The final stage is filing for Adjustment of Status (if the applicant is in the U.S.) or applying for an Immigrant Visa (if outside the country). However, there’s currently a backlog, so adjustment may not be filed right away. You can check the most recent Visa Bulletin at travel.state.gov.
For example, the April Visa Bulletin lists January 1, 2017, under “Employment-Based” – “Other Workers.” This means only those with a priority date before January 1, 2017, can currently file for adjustment. These dates shift monthly depending on the backlog, so processing times vary.
Generally, the PERM process takes about five months to prepare and file — one month to gather documentation and four months to complete the PWD. Add roughly six months for labor certification approval and another month for the immigrant petition. Due to current visa retrogression, it may take around 2 to 2.5 years for the entire process, including adjustment of status. However, visa numbers can become current again quickly depending on demand. Once filed, adjustment of status typically takes about eight months for final approval and green card issuance.
Florida International University College of Law, Miami, Florida
Bowling Greend State University, Bowling Green, Ohio
Juliette Potter is a highly accomplished United States Immigration Attorney with over two decades of legal experience. She began her legal journey as a Barrister in the United Kingdom and was later admitted as an Attorney-at-Law in Antigua and Barbuda before the Eastern Caribbean Supreme Court.
Ms. Potter’s academic background is equally distinguished. She holds a Master of Laws (LL.M.) from Florida International University College of Law, a Bachelor of Laws (Honors) from the University of Wolverhampton, and a Legal Education Certificate from the Norman Manley Law School in Jamaica. She also earned a Master’s degree in Organization Development from Bowling Green State University’s College of Business in Ohio.
Her professional experience spans both the corporate and legal worlds. Before entering private immigration practice, she served as Chief Legal Officer for an international group of companies. Today, she is a Licensed Attorney in the State of New York, representing clients before the Federal Immigration Courts of the United States, while also maintaining her active law license in Antigua and Barbuda.
As an immigrant herself, Ms. Potter brings a unique perspective and deep empathy to her practice. Her personal experiences inspire her unwavering commitment to helping clients navigate the complexities of U.S. immigration law with confidence and care.
Outside the courtroom, Ms. Potter enjoys cooking, traveling, and exploring new cuisines — passions that reflect her appreciation for diversity and global cultures, both in life and in law.