Key Takeaways:
- The PERM process is an important step for employers sponsoring foreign nationals for permanent residency in the US, ensuring protection for US workers.
- Before filing the PERM application, job requirements should reflect any degree advancement or new certifications, but not tailor the application specifically for the employee.
- After filing the PERM application, the employee’s new qualifications should not be updated, but can be considered during the I-140 petition stage.
Understanding the PERM Process
The Program Electronic Review Management (PERM) process is a critical step for many employers who want to sponsor a foreign national for permanent residency in the United States. It’s part of a meticulous system established by the Department of Labor (DOL) to protect U.S. workers and ensure that the admission of foreign workers to work in the U.S. will not adversely affect the job opportunities, wages, and working conditions of the U.S. workforce.
Reflecting Degree Advancement During the PERM Process
In situations where an employee earns a higher degree or additional certification while their PERM application is in progress, it’s vital for both the employer and the employee to understand how this impacts the process. Let’s break down what you need to know.
Before Filing the PERM Application
If an employee achieves degree advancement or earns a new certification before the PERM application is officially filed with the DOL, here’s what you should do:
– Revise the job requirements in the labor certification to reflect the new degree or certification if it is relevant and necessary for the job position.
– Ensure that the job description and minimum requirements for the PERM application accurately show the actual minimum requirements for the job. Overstating requirements to match the sponsored employee’s qualifications can lead to denial.
The employee’s new qualifications must not be included to tailor the application specifically for the individual employee if they are not genuinely required for the job.
After Filing the PERM Application
Once the PERM application has been filed, the situation becomes more delicate. At this stage:
– The employee’s new qualifications should not be updated on the PERM application itself, as this could lead to a need to restart the process.
– The employer must continue the PERM process with the qualifications of the employee at the time of filing.
Any changes in the employee’s qualifications after the filing of the PERM application should be taken into account when applying for the I-140 (Immigrant Petition for Alien Worker) with the U.S. Citizenship and Immigration Services (USCIS).
For I-140 Petition
The USCIS allows employees to use their advanced degrees or additional certifications to qualify for jobs requiring higher education but only after the PERM process. During the I-140 stage, the new qualifications can be presented as additional evidence of the employee’s eligibility for the position being offered.
Conclusion
The attainment of a higher degree or additional certification during the PERM process is an excellent step for an employee’s career development. However, employers and employees must handle this carefully when it comes to immigration paperwork to avoid unnecessary complications. It’s paramount to work closely with an experienced immigration attorney who can provide case-specific guidance and ensure that all the steps are correctly followed.
For more information, you can visit the U.S. Department of Labor’s website and check out the USCIS resources regarding employment-based immigration.
Navigating degree advancement or new certifications within the PERM process can be intricate, but with the right approach and knowledge, both the employee’s and the employer’s interests can be safely aligned with the regulatory requirements.
Well, my tech-loving amigo, that’s a wrap on understanding the PERM process! Remember, if you or someone you know is going through this immigration journey, stay on top of those degree upgrades and certifications. Just keep in mind the dos and don’ts at each stage. And hey, if you want to dive deeper into the world of immigration and tech, check out visaverge.com. It’s a treasure trove for all things immigration-related. Happy exploring!
FAQ’s to know:
FAQ 1: What should be done if an employee earns a higher degree or additional certification before filing the PERM application?
Answer: Before filing the PERM application, if an employee earns a higher degree or additional certification, it is important to revise the job requirements in the labor certification to reflect the new qualifications, if relevant and necessary for the job position. However, it is crucial to ensure that the job description and minimum requirements accurately reflect the actual minimum requirements for the job and not overstate them to match the employee’s qualifications, as this may lead to denial. The new qualifications should only be included if genuinely required for the job.
FAQ 2: What should be done if an employee earns a higher degree or additional certification after filing the PERM application?
Answer: After filing the PERM application, any new qualifications attained by the employee should not be updated on the application itself, as this may require restarting the process. The employer must continue with the PERM process based on the employee’s qualifications at the time of filing. However, any changes in qualifications should be taken into account when applying for the I-140 petition with the USCIS, where the new qualifications can be presented as additional evidence of eligibility for the offered position.
FAQ 3: How can employees use advanced degrees or additional certifications in the I-140 petition?
Answer: The USCIS allows employees to use their advanced degrees or additional certifications to qualify for jobs requiring higher education, but only after the PERM process. During the I-140 stage, these new qualifications can be presented as additional evidence of the employee’s eligibility for the position being offered. It is important to note that the PERM process should be completed with the employee’s qualifications at the time of filing, while the I-140 stage can consider any advanced degrees or certifications earned during the process.
What did you learn? Answer below to know:
- True or False: If an employee earns a higher degree before the PERM application is filed, the job requirements in the labor certification should be revised to reflect the new degree.
- What should employers do if an employee earns a new certification while the PERM application is in progress?
a) Update the PERM application with the employee’s new certification
b) Continue the PERM process with the qualifications of the employee at the time of filing
c) Revise the job responsibilities to align with the employee’s new certification
d) Restart the PERM process with the employee’s new certification - During which stage of the immigration process can an employee’s advanced degrees or additional certifications be presented as additional evidence of their eligibility for the offered position?
a) PERM process
b) I-140 petition
c) I-485 application
d) Labor certification filing
