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Ever heard you need to be the only qualified person in the US to get a Green Card? This is a common misconception! This podcast by an immigration lawyer unpacks the truth about PERM labor certification and the requirements for employment-based Green Cards. Learn what you REALLY need to know and how an immigration attorney can help.
In this episode on sponsoring employees or prospective employees for PERM green cards, I’m joined by Alcorn Immigration Law associate attorney Amenah Keshari, who focuses on business immigration law. But before we get into the ins and outs of PERM, we’re happy to share the latest news that the Trump administration has backed down from placing restrictions on international students taking online classes thanks to lawsuits filed by Harvard and MIT, states, and other universities. We are also excited to announce that Alcorn Immigration Law and Pranos.ai have joined forces to launch Community for Global Innovation, a nonprofit initiative where tech companies can make a pledge to support diversity hiring regardless of country of birth or citizenship and students can get involved. Now, for the ins and outs of PERM, which is required of the most common employment-based green cards. Employers who want to sponsor an employee or prospective employee for any of the following green cards must get a PERM labor certification approved by the U.S. Department of Labor before filing a green card petition with U.S. Citizenship and Immigration Services: EB-2 green card for individuals with an advanced degree EB-2 green card for individuals with exceptional ability EB-3 green card for skilled workers, professionals, and other workers The PERM Labor Certification is a time-intensive process aimed at protecting opportunities, wages, and working conditions of U.S. workers. Because PERM will determine whether you can move forward with pursuing an EB-2 or EB-3 green card for your employee or prospective employee, we recommend working with an experienced immigration lawyer. In this episode, you’ll hear about: What is PERM labor certification and why it’s called PERM Find out how long the PERM process typically takes Deadlines and timing issues Steps required for PERM How to strategically prepare for the PERM process Best practices, particularly for startups Why you should work with an experienced immigration attorney What you can do if PERM is denied What to do after PERM is approved How to increase an employee or prospective employee’s chances of getting PERM and a green card Under what circumstances a new PERM would need to be filed for an employee Resources mentioned: Immigration Law for Tech Startups Episode 4: An Overview of the Green Card Process Alcorn Immigration Law’s page on employment-based green cards Get Alcorn’s Immigration Law for Tech Startups eBook *** EPISODE CREDITS: If you like this podcast and are thinking of creating your own, consider talking to my producer, Danny Ozment. He helps thought leaders, influencers, executives, HR professionals, recruiters, lawyers, realtors, bloggers, coaches, and authors create, launch, and produce podcasts that grow their business and impact the world. Find out more at https://emeraldcitypro.com
In this episode we consider the immigration impact that layoffs will have for any company currently processing or planning to process PERM Labor Certification based Green Card applications for employees. It is critical to understand these implications and to take these into account whenever a company plans to terminate employees. This topic is especially pertinent at times of economic distress such as that experienced during the COVID-19 pandemic.
Labor Certification process in a nutshell: The EB2 Visa (or EB2 Green Card) – Employment-Based “Exceptional” Ability or Advanced Degree Permanent Residence (Second Preference). The EB3 Visa is a permanent residence US visa/Green Card for “Skilled, Professional, or Other Workers.” There are three routes to qualification:Establishing the Prevailing WageThe Labor Certification ProcessJob Requirements and Supporting EvidenceCertificationsStandard Vocation Preparation (SVP) RatingFiling the Labor Certification form DS989 and the I -140Priority Dates and the BacklogPutting it all TogetherRead the Full Article
How to get a Green Card through an employer? 00:04 The first step in the process of getting a green card through an employer is actually have the employer commit to giving you that job. 00:18 The first step in the process is going to be, we called his perm, PERM Labor Certification, the Labor Certification. And the Labor Certification process involves essentially an employer filing a petition with the Labor Department and several other things with the Labor Department proving that there are no U.S. citizen workers that are qualified to do this job. 1:18 The reason is because not only that employer has to sign the forms, be involved in all the recruitment process and everything else that we're going to describe, but also they have to be paying most of the fees that are involved in the process, including the lawyer fees 2:31 Once we have a certified labor certification, after we went through all the hoops of advertising and doing whatever is required, the employer with that certified labor certification, they can go ahead and proceed to filing the immigrant petition. 3:25 Employer will provide financial documents, pay stubs, tax returns and if all those are met then the I140 will be approved. 4:24 Typically when you do file the I140 or the 45 immigration may request more evidence and if that's the case you have to respond and hopefully the case will be approved, but that's in general the process to file a green card through an employer. 5:16 If the applicant is married, typically we advise to file the application for the spouse at the same time where when you file your own adjustment of status application, because if the green card is already approved for that employee and they are married and they failed to file for their spouse, they'll have to file for their spouse separately.
This is a question that was asked on our law show on how to move from EB3 to EB2. It is a very frequently asked question. Note that information provided is purely educational. You should not act or refrain to act purely on the information provided. http://immigrationlegalblog.com
The topic of our January 8, 2014 teleconference in this series for employers and their representatives addresses ways to successfully navigate the PERM Labor Certification process. The U.S. Department of Labor recently has trended toward substantive changes in how the Office of Foreign Labor Certification adjudicates PERM Labor Certification applications. Employers are presented with ongoing challenges, among them: increased processing times for prevailing wage determinations and for PERM applications, continued expansion of integrity measures (i.e. audits and supervised recruitment) by the Office of Foreign Labor Certifications, and evolving interpretations with respect to alternative requirements and recruitment standards. In this teleconference, Murthy Law Firm attorneys discuss the best ways for employers to respond to these DOL adjudication trends.
This teleconference series specifically addresses the concerns of employers, enabling them to better help their employees going through the immigration process. In March, attorneys at the Murthy Law Firm focused on changes introduced to PERM Labor Certification and H1B Labor Condition Application (LCA) forms by the U.S. Department of Labor (DOL). Employers will experience major changes when the new forms are required and with the DOL's new iCert portal for submission. It is important to understand changes that have been made to the questions on the forms. Led by Attorney Sheela Murthy, our attorneys will explain the new LCA Form 9035 and the PERM Form 9089. They will draw distinctions from the current versions, so that employers will be apprised of how they must comply with program rules and regulations.
You will learn, in a few brief minutes, about what to do if your PERM Labor Certification case is denied. What is reconsideration? What is review? Two Murthy Law Firm attorneys experienced with Labor Certification cases will discuss basic legal principles you must confront when challenging a denial. However, in this recording, you will also hear that all may not be lost when new problems are first discovered on denial of the PERM case.
This broadcast will answer some additional questions and important issues for everybody preparing to file a PERM Labor Certification case with the U.S. Department of Labor. Attorney Sheela Murthy will discuss such important concepts as “minimum requirements” and how to identify whether a Labor Certification case will be EB2 or EB3. Yet Attorney Murthy will not leave listeners when she finishes talking about these critical points because she will also share some information about such PERM-related matters as Audits and Business Necessity. Listeners to this session will likely also enjoy hearing Attorney Murthy in the related recording on Basics of PERM Labor Certification cases.