PERM is the first step in the green card process for most employment-based applicants. This requires the employer to conduct a recruitment campaign in good faith to demonstrate that there are no available, willing and qualified US workers to fill the position in question. To submit a PERM application (ETA 9089) the employer is first…
Tag Archives: PERM
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Interfiling Versus Filing A New I-485 In Order To Switch Employment Categories
This article has been updated, please visit the link below: How To Make An Interfile Request To Switch Employment Categories By now most people are familiar with the concept of filing a downgrade application from EB-2 to EB-3. However, last October so many applicants filed downgrades, that the demand for EB-3 green cards, has far…
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Green Card Applicants Now Required To Get COVID-19 Vaccine Before Obtaining I-693 Medical Exam
Effective October 1, 2021, the Centers for Disease Control and Prevention (CDC) will now require all applicants seeking permanent residence to complete the COVID-19 vaccine and provide documentation to the civil surgeon before completing their medical exam. This includes applicants filing for adjustment of status in the US and those applying via consular processing. However,…
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Important Considerations When Switching Jobs And Filing I-485, Supp J.
For employment-based candidates, switching jobs during the green card process is possible, once the I-485 has been pending for 180 days, without having to go through the arduous PERM process and I-140 filing. The portability rules allow an applicant to switch jobs once the I-485 has been pending for 180 days as long as the…
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PERMs and Audits
PERM is an acronym for the “Program Electronic Review Management” system established under the Department of Labor (DOL) regulations. It is by getting a PERM certified that a foreign national starts the process to become a lawful permanent resident through employment. This, consequently, launches the journey to U.S. citizenship. All employment-based permanent residency applications (green…
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DOL Takes A Second Run At Increasing Its Wages
DOL is publishing its Prevailing Wage Rule on January 14, 2021. This rule previously went into effect on October 8, 2020, without any notice and significantly increased the DOL wages. For further details of this rule please refer to our previous article, published on October 9, 2020. https://patellegal.com/dols-interim-final-rule-implements-higher-prevailing-wage-rates/ After the above rule was published, we…
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USCIS Provides Clarity On How It Calculates A Child’s Age Under The Child Status Protection Act (CSPA)
USCIS recently updated its policy manual regarding the CSPA, to provide clarity on how it calculates a child’s age and the “sought to acquire requirement.” The CSPA provides age-out protection for children who are affected by the delay in adjudicating applications. Because of the long processing times the CSPA can prevent a child aging out…
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Premium Processing: Congress Increases The Fees And Expands The Immigration Petitions Eligible
On October 1, 2020, Congress passed a new Bill (Emergency Stopgap USCIS Stabilization Act was included in Division D, Title I of the Continuing Appropriations Act, 2021 and Other Extensions Act) increasing USCIS Premium Processing Fees from $1,440.00 to $2,500.00 for most cases. The good news is that the Bill also expands the immigration petitions…
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EB-1, EB-2, National Interest Waiver, And EB3
For those considering obtaining a green card through employment-based means there are a number of options to consider. The vast majority of applicants typically file either an EB-2 or EB-3. Historically, most candidates prefer EB-2, however, because of the large number of EB-2 filings there became a backlog and EB-3 became more of an attractive…
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Additional Considerations for Employers Filing PERMs Who Have Laid Off U.S. Workers During COVID-19
During the COVID-19 pandemic, millions of Americans have been laid off by their employer and this is particularly important for Employers who are in the process of filing a PERM application. The whole purpose of the PERM process (also known as the Labor Certification) is for the Employer to demonstrate that it has made a…