Key Takeaways:
- The PERM process for obtaining an employment-based green card does not directly involve family members.
- After the PERM process, family members such as spouses and unmarried children under 21 can be included in the next steps of the green card application.
- Family members can apply for immigrant visas through consular processing if they are outside the United States.
Including Family Members in the PERM Process
Are you navigating the journey of employment-based immigration to the United States and wondering about family immigration? One common question is whether it’s possible to include family members during the PERM process. PERM, or Program Electronic Review Management, is the first step for certain foreign nationals in obtaining an employment-based green card.
Who Can You Include During the PERM Process?
Understanding the PERM process is crucial for employees and employers alike. It’s important to know that the PERM process itself is specifically designed for the employer to obtain a labor certification for the foreign worker. In general, the PERM process does not directly involve family members as it’s all about the employer demonstrating that there are no willing or able U.S. workers for the job in question, and that hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
However, once the PERM process is approved and as the employee proceeds with the next steps of the green card application, that’s when family immigration comes into play. At that stage, it’s possible to include family members such as a spouse and unmarried children under the age of 21.
Next Steps After PERM: Filing I-140 and Adjustment of Status
Once the labor certification is approved through the PERM process, the next step is to file Form I-140, Immigrant Petition for Alien Workers. This is the stage where you can start to include family members as derivatives.
Here’s how family members can be included:
- Filing for Derivative Status: When the primary applicant files the I-140 petition, they can include their immediate family members in the application, ensuring the family follows along in the immigration process.
Adjustment of Status: If inside the United States, family members can file for an Adjustment of Status using Form I-485, simultaneously or after the primary applicant has filed theirs.
Applying for Visas for Family Members
As part of family immigration, if the immediate family members are outside the United States, they can apply for immigrant visas through consular processing. They will attend visa interviews at a U.S. consulate or embassy in their home country. For this, coordination with the National Visa Center (NVC) is key.
Key Points for Consular Processing:
- Scheduling Interviews: Once the primary applicant’s I-140 is approved, the NVC will coordinate the scheduling of visa interviews for family members.
- Visa Issuance: After successful interviews, the family members will be issued visas to enter the United States.
Important Resources
When dealing with the PERM process and family immigration, always refer to the official resources:
- Visit the U.S. Department of Labor for information on the PERM process.
- For details on family immigration, check the U.S. Citizenship and Immigration Services website.
- If you require specific legal advice, it’s always best to consult with an experienced immigration attorney.
Conclusion
Although family members cannot be directly included in the PERM process, they certainly become part of the picture soon after. It’s essential to plan ahead and understand each stage of the employment-based immigration pathway to ensure your loved ones can accompany you on your journey to living and working in the U.S. By being informed and following the right procedures, you can aim for a smooth family immigration process.
So, there you have it! While you can’t bring your entire extended family on board during the PERM process, you can certainly include your spouse and kids once you’re on your way to that shiny green card. Remember, understanding the different steps and procedures is key, and if you want more in-depth info, be sure to hop over to visaverge.com. Happy navigating, my fellow immigration enthusiasts!
FAQ’s to know:
FAQ 1: Can family members be included in the PERM process for employment-based immigration?
No, the PERM process is specifically focused on the employer obtaining a labor certification for the foreign worker. It doesn’t directly involve family members. The PERM process is designed to demonstrate that there are no willing or able U.S. workers for the job and that hiring a foreign worker won’t adversely affect the wages and working conditions of similarly employed U.S. workers. However, family members can be included in the immigration process once the PERM process is approved and the employee proceeds with the next steps of the green card application.
FAQ 2: How can family members be included in the employment-based immigration process after the PERM process is approved?
Family members can be included after the PERM process is approved by filing Form I-140, the Immigrant Petition for Alien Workers. The primary applicant can include their immediate family members as derivatives in the form. Additionally, if the family members are already in the United States, they can file for an Adjustment of Status using Form I-485, either simultaneously with the primary applicant or after the primary applicant has filed theirs.
FAQ 3: How can family members apply for visas during the family immigration process?
If the immediate family members are outside the United States, they can apply for immigrant visas through consular processing. The National Visa Center (NVC) will coordinate visa interviews for family members once the primary applicant’s I-140 is approved. The family members will attend these interviews at a U.S. consulate or embassy in their home country. After successful interviews, visas will be issued to the family members to enter the United States.
What did you learn? Answer below to know:
- True or False: The PERM process allows for the direct inclusion of family members such as spouses and unmarried children under the age of 21.
- What is the next step after the PERM process is approved for an employee seeking an employment-based green card?
a) Filing Form I-485
b) Filing Form I-140
c) Scheduling a consular interview
d) Hiring a U.S. worker for the job in question - How can family members apply for immigrant visas if they are outside the United States?
a) File for Adjustment of Status using Form I-485
b) Attend visa interviews at a U.S. consulate or embassy
c) Include them in the PERM application
d) Consult with an immigration attorney
