Key Takeaways:
- Traditional PERM filing requires employer involvement; individuals can’t file independently without employer participation.
- Options if your employer pauses PERM filing: communication with employer, exploring alternative visas, or changing employers.
- Self-petition alternatives include EB-1A and National Interest Waiver categories for certain professionals with extraordinary abilities.
Are you considering a self-petition for PERM due to your company’s temporary pause on the filing process? You’re not alone in this dilemma. Many individuals find themselves in a similar situation, seeking ways to navigate through the complexities of immigration policies. This article will explore whether it’s possible to file for PERM on your own and the steps you might need to undertake.
Can You File PERM on Your Own?
The Program Electronic Review Management (PERM) process is a crucial step for many foreign nationals wishing to secure permanent residency in the U.S. through employment. It involves a detailed application that requires both employer participation and Department of Labor (DOL) approval. But what happens when your employer has paused this process?
The straightforward answer is that in the traditional PERM filing process, the employer must initiate and complete the application because it is, essentially, a request from the employer for permission to hire a foreign worker permanently. This means that individuals cannot file a PERM application independently without their employer’s involvement.
What To Do If Your Company Has Paused PERM Filing
Although you cannot self-petition for PERM, there are a few steps you can take to address this situation:
- Communicate With Your Employer: Understanding your employer’s reasons for pausing and their timeline for potentially resuming PERM applications is a good starting point. There may be temporary issues, such as financial constraints or changes in corporate policy, which might be resolved in the near future.
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Exploring Alternatives: For those whose careers permit, looking into alternatives like H-1B extensions, O-1 visas for individuals with extraordinary abilities, or other non-immigrant visa options could provide a temporary solution until PERM filing is resumed by your employer.
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Consider Changing Employers: If your current employer cannot file your PERM application in a timeframe that aligns with your immigration goals, seeking employment with a different company willing to sponsor your PERM application might be necessary.
Self-Petition Immigration Options
While a self-petition PERM is not available, there are certain categories within U.S. immigration law that allow for self-petitioning, notably:
- EB-1A (Extraordinary Ability): Individuals who demonstrate extraordinary ability in their field of expertise can self-petition under this category without needing an employer sponsorship.
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National Interest Waiver (NIW): This option allows certain professionals with advanced degrees or exceptional ability to seek a waiver of the job offer requirement, effectively allowing them to self-petition if they can demonstrate that their work is in the national interest of the United States.
Steps To Take If Considering Self-Petition Options
If you believe you may qualify for an alternative self-petition route, here’s what to consider:
- Evaluate Your Qualifications: Carefully review the eligibility requirements for the EB-1A or NIW categories. It’s advisable to consult with an immigration attorney to assess your chances of success.
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Gather Documentation: For either category, you will need to compile substantial evidence demonstrating your qualifications, achievements, and the national interest of your work (for NIW).
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Prepare Your Application: Filling out the necessary forms and writing a compelling personal statement that highlights your qualifications and contributions to your field is crucial.
For those exploring their options or seeking more detailed information on the PERM process, the U.S. Department of Labor provides comprehensive resources and guidelines that can be accessed here. This page offers valuable insights into the process, requirements, and timelines for filing a PERM application.
In summary, while you can’t file for PERM on your own if your company has paused the process, there are alternative strategies and self-petition options available. It’s essential to evaluate your circumstances, possibly re-strategize with the help of an immigration lawyer, and remain informed about your options during this period.
This Article In A Nutshell:
Navigating paused PERM filings can be tricky, but options exist. Understand why your employer paused, explore visa alternatives, or switch companies. Options like EB-1A or NIW allow self-petitioning. Assess eligibility, gather proof, and consult an attorney. While self-petitioning PERM isn’t an option, other paths may lead to successful immigration.
— By VisaVerge.com
