Understanding the PERM Process for Green Card Applications
Navigating the journey to a U.S. green card can feel overwhelming, especially when it involves understanding the Program Electronic Review Management (PERM) process. The PERM process is a critical step for many foreign nationals seeking permanent residency through their employment. It is the system through which employers can obtain a labor certification for their employees, a prerequisite for most employment-based green card applications.
Can You Job Switch During the PERM Process?
One common question among workers involved in this process is, “Can an employee switch jobs during the PERM process?” The answer isn’t a simple yes or no and requires examining the stages of the green card application and the potential impact of a job change.
Before PERM Approval
Changing jobs before the PERM application is approved is generally not advisable. The PERM certification is for a specific job offer with a particular employer at a defined location. If you move to a new employer, the PERM process would need to start over with the new employer, essentially resetting the clock on your path to a green card.
After PERM Approval but Before I-140 Filing
If the PERM application has been approved but the subsequent Form I-140 (Immigrant Petition for Alien Worker) has not yet been filed, you could technically switch jobs. However, similar to changing jobs before PERM approval, the new job would require starting from scratch with a new PERM application.
After I-140 Approval
Once the I-140 is approved, you may have some flexibility to switch jobs, thanks to the American Competitiveness in the Twenty-First Century Act (AC21). If the new job is in the same or similar occupational classification, and you’ve had your I-140 approved for more than 180 days but are still waiting for your green card due to visa backlogs, you may transfer your green card process to the new employer.
Steps to Take When Considering a Job Change
- Consult with an Immigration Attorney: Before making any decisions, speak with an immigration lawyer who can provide guidance tailored to your specific situation.
- Evaluate the Timing: Consider how far along you are in the PERM process and whether a job change would set back your green card application significantly.
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Inform Your Employer: If you decide to proceed with the job change, communicate with your current employer as they are a key stakeholder in the green card process.
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Prepare for a New PERM Application: Be ready to start the PERM process again with your new employer, unless your I-140 has been approved and the move qualifies under AC21 portability rules.
Legal Considerations
It is important to stay updated with the latest immigration laws and policies. The U.S. Department of Labor and the U.S. Citizenship and Immigration Services (USCIS) are the primary resources for current information on the PERM process and employment-based immigration:
- U.S. Department of Labor: https://www.dol.gov/
- USCIS: https://www.uscis.gov/
Making an informed decision on job switching during the PERM process requires a thorough understanding of your specific circumstances and the potential implications. This decision should not be taken lightly, as it can significantly affect your employee green card application timeline and success. By consulting with legal experts and considering the impacts carefully, employees can navigate this complex situation with greater confidence and clarity.
So, can you change jobs during the PERM process? Well, it’s like playing a game of Jenga with your green card. Before approval? Not recommended. After approval but before I-140 filing? Possible, but be ready to start over. After I-140 approval? AC21 might save the day. But remember, consider timing, consult with an immigration attorney, and be prepared for a new PERM application. Find more in-depth info on visaverge.com. Happy green card hunting!
FAQ’s to know:
FAQ 1: Can I change jobs during the PERM process?
Answer: It is generally not advisable to change jobs during the PERM process before approval. The PERM certification is specific to a job offer with an employer at a defined location. Moving to a new employer would require starting the PERM process over.
FAQ 2: Can I switch jobs after the PERM application is approved but before filing the I-140?
Answer: While technically possible, switching jobs after PERM approval but before filing the I-140 would require starting from scratch with a new PERM application. It is important to consider the potential implications and setbacks to your green card application timeline.
FAQ 3: When can I switch jobs during the PERM process?
Answer: Once the I-140 is approved and certain conditions are met, such as having the approved I-140 for more than 180 days and facing visa backlogs, you may have the flexibility to switch jobs under the American Competitiveness in the Twenty-First Century Act (AC21). This allows you to transfer your green card process to the new employer if the new job is in the same or similar occupational classification. However, it is advisable to consult with an immigration attorney to understand the specific requirements and implications in your situation.
What did you learn? Answer below to know:
- True/False: Can an employee switch jobs during the PERM process before the PERM application is approved?
- What is the significance of the Form I-140 in relation to job switching during the PERM process?
- What steps should an employee take when considering a job change during the PERM process?
