Navigating I-140 Application with Delayed PERM Labor Certification in the Immigration Process

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Key Takeaways:

Understand the relationship between PERM Labor Certification and I-140 when facing delays in the immigration process.
Reasons for PERM Labor Certification delays include audits, errors, or a high volume of applications.
Proactive steps during a PERM delay include staying informed and maintaining records, while certain individuals can bypass the requirement.

Navigating the I-140 Application Amid PERM Labor Certification Delays

If you are in the midst of the immigration application process, specifically undergoing the journey through employment-based green card procedures, you’re likely well-acquainted with both the I-140 application, also known as the Immigrant Petition for Alien Workers, and the preceding PERM Labor Certification. This journey can prove to be complicated, especially when delays occur. Let’s explore how you can proceed with your I-140 application when faced with a PERM Labor Certification delay.

Understanding the Relationship Between PERM and I-140

Before delving into the response to a delay, it’s crucial to understand the interplay between the PERM Labor Certification and the I-140 application. The PERM Labor Certification is a Department of Labor (DOL) process ensuring that the employment of foreign workers will not adversely affect the job opportunities, wages, and working conditions of U.S. workers. Once your PERM application is approved, the next step is to file the I-140 application with U.S. Citizenship and Immigration Services (USCIS), which is an official petition for an immigrant visa on behalf of the worker.

Why Do PERM Labor Certification Delays Occur?

A PERM Labor Certification delay can be due to numerous factors such as an audit, administrative error, or a high volume of applications at the DOL. Regardless of the reasons, it’s important to know the best course of action to take.

Proactive Steps During the PERM Delay

While your PERM Labor Certification is pending, consider taking the following steps:

Stay Informed: Keep abreast with the status of your application by regularly checking the DOL’s PERM Processing Times.
Maintain Records: Ensure your employer has retained all necessary documentation in case of an audit or inquiry from the DOL.

Can You File I-140 without PERM Approval?

The short answer is no. USCIS typically requires an approved PERM Labor Certification before you can file your I-140 application. However, there are certain situations in which you can bypass the PERM requirement, such as individuals with extraordinary abilities, outstanding professors and researchers, and multinational executives and managers, among others under the employment-based first preference (EB-1) category. For more specific categories, refer to the USCIS Employment-Based Immigration: First Preference EB-1.

Managing Uncertainty and Delays

If you face a significant delay, it’s usually a good practice to:

Communicate with Your Employer: They are often the petitioner and have a significant role in the process.
Consult with an Immigration Attorney: They can provide options specific to your case, such as potential ways to expedite your PERM application.

What Comes After PERM Approval?

Once your PERM Labor Certification has been approved, you can focus on preparing for your I-140 application:

Gather Required Evidence: Assemble all necessary documents including the PERM approval, proof of your qualifications, and the job offer from your employer.
File Promptly: Submit your I-140 application in a timely manner to avoid any issues with visa number availability or potential changes in employment-based visa regulations.

Conclusion

Dealing with a PERM Labor Certification delay can be challenging, but understanding the steps you can take helps in maintaining control of your immigration application process. Always adhere to timelines and maintain open communication channels with your employer and legal advisor. Remember, patience and preparation are key as you navigate through the complexities of the U.S. immigration system.

So there you have it, my immigration-curious amigo! Navigating the PERM Labor Certification process and I-140 application can be a real adventure. Remember to stay informed, keep records, and be patient in the face of delays. And if you wanna dive deeper into this exciting world of visas and immigration, hop on over to visaverge.com for more fascinating insights. Happy exploring! 🚀🌎

FAQ’s to know:

FAQ 1: Can you file I-140 without PERM approval?

No, USCIS typically requires an approved PERM Labor Certification before you can file your I-140 application. However, there are exceptions for certain categories such as individuals with extraordinary abilities, outstanding professors and researchers, and multinational executives and managers under the employment-based first preference (EB-1) category. For more specific categories, please refer to the USCIS Employment-Based Immigration: First Preference EB-1.

FAQ 2: What comes after PERM approval?

Once your PERM Labor Certification has been approved, you can focus on preparing for your I-140 application. Gather all required evidence, including the PERM approval, proof of your qualifications, and the job offer from your employer. Submit your I-140 application promptly to avoid any issues with visa number availability or potential changes in employment-based visa regulations.

FAQ 3: How can I manage uncertainty and delays during the PERM process?

When facing significant delays during the PERM Labor Certification process, it’s advisable to keep communication channels open with your employer, who often acts as the petitioner. Consulting with an immigration attorney can help identify potential options for expediting your PERM application. Staying informed about your application status by checking the DOL’s PERM Processing Times and ensuring your employer maintains all necessary documentation in case of an audit or inquiry from the DOL are proactive steps you can take during the delay.

What did you learn? Answer below to know:

True or False: You can file an I-140 application without an approved PERM Labor Certification.
What is the purpose of the PERM Labor Certification process?

a) To determine an applicant’s qualifications for a specific job position.
b) To ensure that the employment of foreign workers does not negatively impact U.S. workers.
c) To expedite the processing of the I-140 application.
d) To assess an applicant’s English language proficiency.