Key Takeaways:
- PERM application is a process US employers must go through to hire foreign workers permanently, ensuring their impact on US workers is minimal.
- PERM application cannot be filed concurrently with an immigrant petition, requiring a specific order of operations in the immigration process.
- Once the PERM application is approved, employers can file Form I-140 and proceed with adjustment of status or visa processing. Seek professional guidance for successful outcomes.
Understanding PERM Applications and Concurrent Filing
Navigating the path to employment-based permanent resident status in the United States can be complex. One of the steps along this path involves the PERM application, a procedure that can leave many prospective immigrants and employers with questions, especially about the possibility of concurrent filing with other immigration petitions.
What is a PERM Application?
PERM stands for Program Electronic Review Management. It’s a process that U.S. employers must use to get certification from the Department of Labor (DOL) to hire a foreign worker permanently. This certification is a way to ensure that hiring a foreign worker will not adversely affect the job opportunities, wages, and working conditions of U.S. workers.
Can a PERM Application Be Filed Concurrently?
Unlike some other immigration petitions, the PERM application cannot be filed concurrently with an immigrant petition (I-140). The U.S. immigration system requires a specific order of operations. First, the PERM application must be approved by the DOL. Only after that approval can the employer submit an immigrant petition with U.S. Citizenship and Immigration Services (USCIS).
Steps After PERM Approval for Immigration Petitions
Once the PERM application is approved, it’s time to proceed with the next steps in the immigration process:
- Filing Form I-140: With an approved PERM, the employer can now file the I-140, Immigrant Petition for Alien Worker, with USCIS on the foreign worker’s behalf.
Adjustment of Status or Visa Processing: If the immigrant visa number is immediately available, the foreign worker may file for an Adjustment of Status (Form I-485) or proceed with visa processing at a U.S. consulate abroad.
Concurrent Filing in Other Immigration Cases
“Concurrent filing” typically refers to the ability to file Form I-140 along with Form I-485, Adjustment of Status application if a visa number is available. This can apply to certain immigrant categories such as those with extraordinary ability, multinational executives, and some other employment-based cases where a PERM application is not required.
Navigating Complex Immigration Policies
It’s crucial for both employers and foreign workers to navigate immigration laws and policies correctly. A single misstep in the process can lead to significant delays or even the denial of an application.
For accurate and detailed information about PERM and other immigration processes, you can visit the official Department of Labor website here and the USCIS website here.
Navigating the complexities of immigration petitions doesn’t have to be overwhelming. Employers and workers are encouraged to seek guidance from experienced immigration attorneys or accredited representatives to ensure full compliance and the best chance for a successful outcome.
Remember, while the immigration journey requires patience and adherence to procedural requirements, getting these steps right paves the way for a fruitful future in the United States. The key is understanding the sequence and specifics of the process, starting with the PERM application, and patiently moving forward from there.
So there you have it, folks! Understanding PERM applications and concurrent filing doesn’t have to be like decoding the Da Vinci Code. Just remember the proper order of operations, file that I-140 after your PERM is approved, and you’ll be on your way to becoming a permanent resident. For more in-depth info and helpful resources, hop on over to visaverge.com and geek out on all things immigration. Happy navigating!
FAQ’s to know:
FAQ 1: What is a PERM Application and how does it relate to employment-based permanent resident status?
Answer: A PERM Application, which stands for Program Electronic Review Management, is a process that U.S. employers must go through to obtain certification from the Department of Labor (DOL) to hire a foreign worker permanently. The purpose of this certification is to ensure that hiring a foreign worker will not negatively impact job opportunities, wages, or working conditions for U.S. workers. It is an essential step in the path to employment-based permanent resident status in the United States.
FAQ 2: Can a PERM Application be filed concurrently with an immigrant petition (I-140)?
Answer: No, a PERM Application cannot be filed concurrently with an immigrant petition (I-140). The U.S. immigration system requires a specific order of operations. First, the PERM Application must be approved by the Department of Labor (DOL). Only after this approval can the employer submit an immigrant petition (I-140) with U.S. Citizenship and Immigration Services (USCIS). Concurrent filing is not permitted for the PERM Application and immigrant petition.
FAQ 3: What are the steps to be taken after the approval of a PERM Application for immigration petitions?
Answer: After the PERM Application is approved, the next steps in the immigration process include filing Form I-140, Immigrant Petition for Alien Worker, with USCIS on behalf of the foreign worker. If the immigrant visa number is immediately available, the foreign worker may file for an Adjustment of Status (Form I-485) or proceed with visa processing at a U.S. consulate abroad. These steps are crucial in progressing towards employment-based permanent resident status in the United States.
What did you learn? Answer below to know:
- True or False: Can a PERM application be filed concurrently with an immigrant petition (I-140)?
- What is the purpose of a PERM application in the United States?
- Which form must be filed with USCIS after obtaining PERM approval?
