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Category: PERM Center

  • PERM Update: Processing Times and Employer Audits Have Increased in the Wake of COVID-19

    The coronavirus (COVID-19) pandemic has put a strain on U.S. employers and the foreign workers they hire. Program Electronic Review Management (PERM) processing times have increased, and employers are seeing a sudden uptick in audits by the U.S. Department of Labor (DOL). The PERM process is the first step of the green card process for foreign […]

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  • What is PERM? An Overview of the PERM Process

    If you are an immigration lawyer, an employer who has sponsored a foreign worker for a green card, or a foreign worker yourself, chances are you have heard the term “PERM” before. The PERM certification is the primary step before a foreign national can continue their journey to achieving their employer-sponsored green card and is […]

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  • The PERM Difference: EB-2 and EB-3 Categories

    The United States makes approximately 140,000 employment-based immigrant visas available each fiscal year for foreign nationals as well as their spouses and children who wish to obtain a U.S. green card. The allocation of these visa numbers are divided into five preference categories based on their occupational skills. An individual needs the right combination of […]

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  • Foundation of the PERM Process: Skills & Business Necessity

    For a PERM green card case, it is important to confirm the educational requirements and a specific list of skills that a prospective candidate must possess to perform the job. These requirements and skills and will lead to the Department of Labor’s determination of the prevailing wage rate, and even more importantly, drive the recruitment […]

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  • Determining a Prevailing Wage for PERM

    Once a job description and requirements have been hammered down, the next step in the PERM process is to obtain a prevailing wage determination from the U.S. Department of Labor (DOL). The Immigration and Nationality Act (INA) requires that the hiring of a foreign worker will not adversely affect the wages and working conditions of […]

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  • Navigating the PERM Recruitment Process

    One of the key points within the PERM process is the recruitment phase. The recruitment process is an essential step to the PERM process because it tests the labor market to prove there are no authorized and qualified U.S. workers available for the job an employer is trying to hire a foreign national to fill. […]

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  • Adjustment of Status or Immigrant Visa Processing: Which is Better?

    The last step in the green card process is asking the U.S. government to create the physical green card. This can be done in two ways, either through Adjustment of Status (AOS) or through Immigrant Visa Processing (IVP). Each option has their own benefits and faults, it is important to look at current processing times […]

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  • What is a Priority Date? The Visa Bulletin Explained

    Congress limits the number of foreign nationals that may immigrate permanently to the U.S. each year. Since there are more people who apply than the number of immigrant visas that will be issued on an annual basis, a backlog is created. In addition to setting an overall limit on the number of green cards that […]

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  • PERM: Successor in Interest

    If a company has been acquired, merged or had a significant change in its ownership, this may have an impact on a foreign national’s PERM application.  If the legal entity of the employer changes while the PERM application is pending with DOL, the application may become invalid unless the new company meets several criteria to qualify […]

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  • Job Portability: Understanding “Same or Similar” in an I-140 World

    Sometimes, foreign nationals wish to take a new position with their same employer or even with a different company during the green card process. This may be permitted so long as the new job offer is in the “same or a similar” occupational classification as the job offer for which the Form I-140 petition was […]

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