Key Steps in the PERM Process for Employment-Based Green Cards
The journey to obtaining an employment-based green card in the United States requires going through the Permanent Labor Certification (PERM) process. This process is comprehensive and includes:
- Conducting job recruitment
- Securing a prevailing wage determination
- Demonstrating there are no qualified U.S. workers for the job
- Filing a labor certification with the U.S. Department of Labor (DOL)
Once the DOL approves the PERM, employers can then proceed to file Form I-140 (Immigrant Petition for Alien Worker), which is a critical step towards securing lawful permanent residence status for their foreign employees.
Understanding the Importance of Timing in the PERM Process
Timely commencement of the PERM process is crucial. If employers delay, employees might face visa expirations forcing them to leave the US, causing distress for employees and disruptions for business operations. Traditionally, starting the PERM process at least two years prior to an employee’s work visa expiration date was advised. With current backlogs and delays, however, many employers now initiate the process around three and a half years before visa expiration.
Why Starting Early Matters for H-1B Visa Holders
For H-1B visa holders, beginning the PERM process early has another substantial benefit:
“Filing a PERM application sooner can also enable companies to leverage a provision that permits H-1B visa holders to extend their visa beyond the six-year limit”
To qualify for an extension under this provision, the employee’s PERM or I-140 petition must have been pending for at least 365 days, which makes it strategic to file before reaching the fifth year in H-1B status.
Navigating PERM Processing Times
PERM processing times are not fixed and can vary greatly. Factors influencing the time include:
- The number of applications received
- Pending case backlogs
- Levels of scrutiny
On average, processing takes between 6 to 12 months. For the latest information on processing times, employers can check the DOL website.
Potential Delays Due to DOL Audits
Employers should also be mindful of the possibility of a PERM audit, which adds to processing time. An audit examines an employer’s compliance with the PERM program and can be prompted by:
– Random selection
– Certain triggers during application review
Audits have become more frequent, and responding to them can prolong the overall processing time.
Cost Savings from Early PERM Filing
Not only does early filing avoid delays and complications, but it can also save money. Here’s why:
“By filing a PERM application early…employers can potentially save on filing costs, such as the $2,500 Premium Processing fee for Form I-140”
If the PERM is approved without haste, employers may opt for the regular processing rather than Premium Processing, saving them from the additional expense.
In conclusion, the process of obtaining an employment-based green card is complex and time-sensitive. Employers and their foreign employees benefit from early and proactive engagement in the PERM certification process. Due to the current immigration climate, with its inherent delays and increased auditing, starting early not only helps ensure compliance but could also represent a cost-saving measure for employers. Keeping track of and responding swiftly to the changes in PERM processing times and requirements is key to successfully navigating U.S. immigration policies.
So there you have it, folks! The PERM process can be a wild ride, but with a little planning and some insider knowledge, you’ll be on your way to that coveted employment-based green card. Remember, starting early is crucial for avoiding delays and potentially even saving some dough along the way. If you want to dive deeper into the fascinating world of visa and immigration processes, hop on over to visaverge.com for more juicy tidbits. Happy exploring!
Pocket Piece:
The PERM process is vital for employment-based green cards. Key steps include job recruitment, prevailing wage determination, proving no qualified U.S. workers, and filing a labor certification. Starting early is important to avoid delays and qualify for visa extensions. PERM processing times vary, and audits can add delays. Early filing can also save on costs.
