1 Green Card through PERM, Step 1 - The PERM process
1.1 Preliminary points
1.1.1 Most commonly used process and is based upon a permanent, full-time job offer
1.1.2 Involves testing the labor market for a defined job
1.1.3 Green card is for a "future job"
1.1.4 Employment-based categories 2 and 3 (EB-2, EB-3)
1.1.5 WE MUST act honestly and in good faith
1.1.6 There are three steps: PERM, I-140, and I-485 OR consular processing
The U.S. Department of Labor has released PERM statistics for the first eight months of the fiscal year that began last October. Of the 43,100 applications it processed, 27,600 (64%) were certified, 83% were for H-1B and H-1B1 visas, 44% were for IT-related fields, and 55% were for applicants from India. The minimum education requirement was an advanced degree for 51% of those certified, and a bachelor degree for 39%. The Department certified more applications in the last two months than in either of the prior three-month periods.
There was an interesting question in today's community conference call we host every other Thursday. The link to the question is here: http://forums.immigration.com/showth...onference-Call
PERM filing issue
At the October 28, 2010, stakeholder meeting with the U.S. Department of Labor, DOL discussed their increased staffing capability and a corresponding increased scrutiny of cases where the employer fails to respond to an Audit Notification letter or submits an incomplete response to such a letter. Where DOL identifies a substantial failure by the employer to provide required documentation in response to an Audit Notification letter, DOL indicated that we can expect to see more debarment and/or revocation proceedings.
7. What documentation and/or notice is needed when an employer undergoing Supervised Recruitment changes its attorney/agent?
USDOL has posted the following FAQ
1. Under what authority can the Department of Labor's Office of Foreign Labor Certification select an employer's application for supervised recruitment?
Here is a set of questions posed to me recently by one of our clients:
I am Mr. Jones, the employer. The employee, Mr. Smith, is no longer employed with us because of company's budget issue. However, we may hire him in the near future if circumstance changes.
Q1. Do we need to withdraw PERM LC for him that was submitted 2009?
The status is still in process now. I would like to know if this PERM LC still has any goods for him. Let me know the pros & cons between withdraw it and not withdraw it.
A. Yes, now that the GC is approved, your employer should "permanently" give you the job described (including the title, salary and job duties) in the Labor Certification. This change should take place within a "reasonable time" after the GC approval.