PERM is the abbreviation for the Program Electronic Review Management. It’s a system for processing labor certification applications, which is necessary (with some exceptions, e.g., National Interest Waiver, schedule a pre-certification) to get a green card through employment. The basic criteria are whether the employer has met the procedural requirements of the regulations, whether there are insufficient U.S. workers who are able, willing, qualified, and available, and whether the employment of the foreign worker will have an adverse effect on the wages and working conditions of U.S. workers similarly employed.
Please note that this article does not constitute legal advice with our law firm. We simplified the law to provide general information about one aspect of the employment-based green card process. If you would like to discuss if you qualify for a green card through employment, schedule a consultation with an experienced immigration lawyer in Scottsdale, AZ today or call the Juras Law Firm, PLC office at 480-425-2009! We look forward to talking with you!
This client with our immigration law firm has a tower crane service company and needed to fill the position of operations director. There are not many people in the world who qualify for this position where safety is at stake. Therefore, the employer was willing to go through a PERM process to advertise the position in the Sunday newspaper, at a job fair, on the employer website, and at the job search site according to strict regulations. The employer received over 200 applications, but no applicant was willing, able, qualified, and ready to take the job.
We submitted the application for permanent employment certification to the US Department of Labor. Originally, the US Department of Labor erroneously concluded that one applicant met the qualification requirements, but we showed that that applicant had no connection to the US and was not a US worker who this process is designed to protect. The application was certified and we can now file the petition and green card application to complete the green card process through an employer.
Please note that this article does not constitute legal advice. We simplified the law to show a case study about one aspect of the EB-3 process, the green card process through employment. If you would like to discuss if you qualify for an EB-3 green card based on your employment, schedule a consultation with an experienced immigration lawyer in Scottsdale, AZ, or call the Juras Law Firm, PLC office at 480-425-2009! We look forward to talking with you!
Category: E-1, E-2, H-1B alternatives, H-1B registration not selected, O-1, PERM, TN
Tags: E-1, E-2, H-1B, H-1B registration not selected, O visa, TN
On March 30, 2021, the USCIS completed the H-1B lottery and announced that it received enough H-1B registrations to reach H-1B cap for the fiscal year 2022. What options do you have if you were not amount those who were selected?
First of all, you are eligible for selection in any subsequent selection for FY 2022. For example, some selected registrants may not file their petitions.
Depending on your situation, you may be eligible for other types of visas or status. Your employer may file for your employment-based green card (permanent legal resident status) if he can show that there are no U.S. workers available, willing and qualified for the job. Certain professionals from Mexico or Canada may qualify for TN visa. If you are the entrepreneurial type and are from certain countries, you may be eligible for E-2 (treaty investor) or E-1 (treaty trader) visa. If you have extraordinary ability in the sciences, arts, education, business of athletics, you may apply for O visa.