Key Takeaways:
- The I-140 process and PERM application are crucial steps in obtaining an employment-based green card in the US.
- The PERM application is a labor certification that confirms the need for a foreign worker in the job market.
- The I-140 process involves petitioning for an immigrant worker and is tied to the approved PERM application.
Understanding the Connection Between I-140 Process and PERM Application
Navigating the path to an employment-based green card in the United States involves various steps, and understanding how they interplay is crucial for applicants. Two critical stages in this journey are the I-140 process and the PERM application. Both play pivotal roles in ensuring legal permanent residency for foreign workers based on employment.
What is a PERM Application?
PERM stands for Program Electronic Review Management, and it is the initial step for most employment-based green card applications. The PERM application is essentially a labor certification from the U.S. Department of Labor (DOL) that verifies:
- There are insufficient available, qualified, and willing U.S. workers to fill the position being offered at the prevailing wage.
- Hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Employers must undertake a rigorous recruitment process to support these points and subsequently file a PERM application with the DOL. Once the department approves the application, the employer can move forward to the next phase, the I-140 process.
The I-140 Process: Petitioning for an Immigrant Worker
Upon successful PERM certification, the employer can then file Form I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS). The I-140 process is basically the employer’s request to the U.S. government to grant the foreign worker permission to apply for an employment-based green card.
The I-140 petition includes:
- Proof of the employer’s ability to pay the offered wage.
- Evidence that the foreign worker meets the required qualifications.
- A copy of the approved PERM Labor Certification.
It is a crucial document that ties the PERM application to the actual green card application and, if approved, classifies the foreign worker under the suitable employment-based preference category.
Employment-Based Green Card Categories
- EB-1: For priority workers, such as individuals with extraordinary ability, outstanding professors or researchers, and multinational executives and managers.
- EB-2: For professionals holding an advanced degree or individuals with exceptional ability.
- EB-3: For skilled workers, professionals, and other workers.
The category under which the I-140 is filed depends on the qualifications of the foreign worker and the nature of the job offered.
After the I-140 Approval
Once the I-140 is approved, the foreign worker is one step closer to obtaining an employment-based green card. The timing of the next steps can vary depending on the employee’s priority date and visa availability for their preference category and country of origin.
If visas are available, the worker can proceed with adjusting status to a permanent resident if they are already in the U.S. or apply for an immigrant visa through consular processing if outside the U.S. This involves Form I-485, Application to Register Permanent Residence, or Adjust Status, or the DS-260 form for consular processing, respectively.
Closing Thoughts
The interaction between the I-140 process and the PERM application represents a critical transition from proving the necessity of immigrant labor to affirming the individual foreign worker’s eligibility. Together, they form the backbone of the employment-based green card framework.
For more detailed guidance on these processes, applicants and employers can refer to official resources provided by the USDOL and USCIS. Checking these official sources ensures accurate and up-to-date information to facilitate a smooth immigration experience.
- U.S. Department of Labor: Foreign Labor Certification
- U.S. Citizenship and Immigration Services: Permanent Workers
It’s imperative for both employers and employees to understand the intricacies of the I-140 process and the PERM application and to ensure that each step is completed with accuracy and thoroughness on the path to securing an employment-based green card.
And there you have it, folks! The secret handshake of the employment-based green card journey – the I-140 process and the PERM application. They work together like peanut butter and jelly, making sure your path to that coveted green card is smooth and hassle-free. Want to dive deeper into this fascinating topic? Head over to visaverge.com for all the juicy details and expert insights. Trust me, you won’t be disappointed! Happy exploring!
FAQ’s to know:
FAQ 1: What is the purpose of a PERM application?
Answer: A PERM application, which stands for Program Electronic Review Management, is the initial step for most employment-based green card applications. The purpose of a PERM application is to obtain a labor certification from the U.S. Department of Labor (DOL). The DOL verifies that there is a shortage of qualified U.S. workers for the offered position and that hiring a foreign worker will not negatively impact the wages and working conditions of similarly employed U.S. workers. Once the PERM application is approved, the employer can proceed with the I-140 process to petition for the immigrant worker.
FAQ 2: What is the I-140 process?
Answer: The I-140 process refers to the filing of Form I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS). This process is initiated by the employer upon successful PERM certification. The I-140 petition serves as the employer’s request to the U.S. government to grant permission for the foreign worker to apply for an employment-based green card. The petition includes evidence of the employer’s ability to pay the offered wage, proof that the foreign worker meets the required qualifications, and a copy of the approved PERM Labor Certification. The I-140 process classifies the foreign worker under the appropriate employment-based preference category.
FAQ 3: What happens after the I-140 approval?
Answer: After the I-140 is approved, the foreign worker is one step closer to obtaining an employment-based green card. The next steps depend on the employee’s priority date and visa availability for their preference category and country of origin. If visas are available, the worker can proceed with adjusting their status to a permanent resident if they are already in the U.S., or apply for an immigrant visa through consular processing if they are outside the U.S. This involves filing Form I-485, Application to Register Permanent Residence or Adjust Status, or the DS-260 form for consular processing, respectively. The timing of these steps can vary, and it is essential to consult official resources and stay updated on the process.
What did you learn? Answer below to know:
- True/False: The PERM application is the first step in most employment-based green card applications.
- Which government agency is responsible for approving the PERM application?
a) U.S. Department of State
b) U.S. Department of Labor
c) U.S. Citizenship and Immigration Services
d) U.S. Department of Homeland Security - What is the purpose of the I-140 process?
a) To grant the foreign worker permission to apply for an employment-based green card.
b) To verify the availability of qualified U.S. workers for the position.
c) To determine the suitable employment-based preference category.
d) To assess the employer’s ability to pay the offered wage.
