Can You Transfer a PERM Application to a New Employer?
If you’re involved in employment-based immigration, you may wonder about the flexibility of your PERM application if you decide to change jobs. A common question is whether a PERM application, which is a critical step toward obtaining a green card, can be transferred to a new employer. Let’s dive into the specifics to provide a clear understanding of this process.
Understanding the PERM Application Process
Before we talk about transferring a PERM application to a new employer, it’s essential to understand what a PERM application is. The Program Electronic Review Management (PERM) process is the method U.S. employers use to demonstrate that there are no willing, able, qualified, and available U.S. workers to fill the position being offered to a foreign national.
The PERM application is the first step in the employment-based green card process and is submitted to the Department of Labor (DOL). Once it’s approved, the employer can then file an immigrant petition with U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker.
Is it Possible to Transfer a PERM Application?
The straightforward answer is: no, a PERM application cannot be transferred to a new employer. Since the PERM process is employer-specific, it is inherently tied to the job offer from the employer who filed it. Each PERM application is for a specific position, with particular duties and requirements, at a specific company.
What Happens if You Change Employers?
If you change jobs, your new employer must start the PERM process from scratch if they wish to sponsor you for employment-based permanent residency. It’s important to note that the PERM process is time-consuming and requires precise documentation and recruitment efforts.
Here is what the new employer would need to do:
- Conduct a fresh recruitment process to demonstrate that there are no available U.S. workers for the new position.
- File a new Form ETA-9089 (the PERM application) with the DOL.
- Upon approval of the PERM, submit a new Form I-140, Immigrant Petition for Alien Worker, to USCIS.
Considerations for Protecting Your Immigration Status
When considering a job change, it’s crucial to be aware that moving to a new employer might affect your immigration status. To prevent any gaps in your lawful presence in the U.S., discuss your plans with an experienced immigration attorney before making any decisions.
Staying Informed with Reliable Resources
Always refer to official government websites for the most accurate and up-to-date information on PERM applications and employment-based immigration:
– U.S. Department of Labor – Employment & Training Administration
– U.S. Citizenship and Immigration Services – Green Card
Final Thoughts
The inability to transfer a PERM application to a new employer certainly adds complexity to the process of changing jobs for foreign nationals in the U.S. who are seeking permanent residency. It is essential to plan and prepare with the guidance of legal professionals who specialize in employment-based immigration to navigate the process effectively. While a PERM application is not transferable, with proper planning and understanding, you can make informed decisions about your career and residency in the United States.
So, the conclusion is pretty clear: you can’t transfer a PERM application to a new employer. Bummer, right? But hey, don’t let it bring you down! Just remember that if you’re thinking of changing jobs, you gotta go through the whole process again. Get the scoop on all things immigration on visaverge.com and stay in the know. Trust me, it’s way more fun than trying to transfer a PERM application!
FAQ’s to know:
FAQ 1: Can a PERM application be transferred to a new employer?
No, a PERM application cannot be transferred to a new employer. The PERM process is employer-specific and tied to the specific job offer from the initial employer who filed it. Each PERM application is for a specific position at a specific company, making it non-transferable.
FAQ 2: What should you do if you change employers during the PERM process?
If you change employers, your new employer will need to restart the PERM process if they wish to sponsor you for employment-based permanent residency. This involves conducting a fresh recruitment process, filing a new PERM application, and submitting a new immigrant petition to USCIS.
FAQ 3: What considerations should you keep in mind when changing employers during the PERM process?
When changing jobs during the PERM process, it is important to consult with an immigration attorney to protect your immigration status and avoid gaps in lawful presence in the U.S. It’s crucial to understand the implications and requirements associated with the PERM process and seek legal guidance for successful navigation.
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What did you learn? Answer below to know:
- True/False: Can you transfer a PERM application to a new employer?
- What is the first step in the employment-based green card process?
- What are the steps a new employer must take if you change jobs and they want to sponsor you for employment-based permanent residency?
