In published article, Magdalena Cuprys, Esq. explains the employment-based Green Card process

MIAMI - Sept. 23, 2018 - PRLog -- In the third article of her series of Instructional Articles, Florida Attorney Magdalena Cuprys comments on how to obtain a Green Card ("permanent residence") through employment in the U.S. This is a highly complicated process, with many exceptions and special rules. Thus, this article can only provide a general explanation of the process. Specific issues should be discussed with a qualified attorney based on the facts and circumstances of a specific case.

WHAT IS "Program Electronic Review Management process" (PERM)?

For most people seeking permanent residency (Green Card) in the USA through employment, PERM labor certification through the U.S. Department of Labor is the first step in the process. In a nutshell, PERM is a process whereby an employer who is interested in hiring a foreign worker, places job advertisements to test the U.S. labor market. If no interested or qualified U.S. worker responds, the U.S. Department of Labor certifies that result. With that, the employer can petition a Green Card for the foreign employee.

This article is based in large part on the "OFLC Frequently Asked Questions and Answers" on the U.S. Department of Labor, Employment & Training Administration's Website: https://www.foreignlaborcert.doleta.gov/faqsanswers.cfm.

RECRUITMENT

PERM requires the employer to conduct recruitment (job advertising) prior to filing. The types of advertising depend on the type of position. Recruitment provisions are divided into "professional" and "nonprofessional" occupations; additional recruitment steps are required for professional occupations. A list of professional occupations is published in Appendix A to the preamble of the final PERM regulations. Professional occupations are those for which a bachelor's degree or higher is a customary requirement.

Does a PERM Labor Certification mean a quicker Green Card for employees?

Not really. One might think that PERM expedites the entire "Green Card" process. That is not necessarily so. The PERM system went into effect on March 28, 2005, and has in fact expedited the Labor Certification process itself. However, beyond the Labor Certification, there are two more steps involved in becoming a United States permanent resident: (1) filing the I-140, Immigrant Petition for Alien Worker and (2) filing the I-485, Application to Adjust Status. It is with the I-485 that the delays are occurring, especially for applicants from certain countries with many immigration applicants such as Mexico and India.

Once the Department of Labor has approved the PERM Labor Certification, it means the Department of Labor found that there are not enough able, willing, and qualified U.S. workers available to perform the alien's job. The next step is to file an I-140 with the Immigration Service (USCIS), which is done by the employer of the alien. The I-140 approval means the Immigration Service has found that the alien is in fact qualified for the position certified in the labor certification and approves their employment in this capacity.

The complete article will be published on the Blog of Ms. Cuprys at https://magdalenacuprysblog.blogspot.com/