Traveling After PERM Approval: Timeline for Filing I-140 Petition

Key Takeaways:

1. Understanding the PERM process for obtaining a green card and the importance of timing in filing subsequent immigration petitions.
2. The need to submit the I-140 petition within 180 days of PERM approval and how to handle travel during this period.
3. Tips for ensuring travel does not disrupt the immigration process, including notifying employers/attorneys, reviewing visa requirements, and maintaining immigration status.

Traveling Abroad While Your PERM is Under Process: What You Need to Know

Planning a trip abroad can be exciting, but it also requires thorough planning—especially when you’re in the midst of an important immigration process. If you’re an individual with a PERM (Program Electronic Review Management) labor certification application in progress, navigating the timing of your travels and subsequent steps in your immigration journey is critical.

Understanding PERM and Its Importance in the Immigration Pathway

Before we delve into the specifics of travel during the PERM process, let’s briefly understand what PERM is all about. PERM is a procedure for obtaining labor certification and is the first step for certain foreign nationals in obtaining an employment-based immigrant visa (also known as a green card). This procedure is crucial as it demonstrates that there are no suitable U.S. workers available for the position being offered to a foreign worker, and that hiring a foreign worker will not negatively affect the wages and working conditions of similarly employed U.S. workers.

What Happens After Your PERM Gets Approved?

When your PERM application is approved, it’s like clearing a major hurdle on the way to your green card. The next step in this journey is to submit the I-140 Immigrant Petition for Alien Worker. This is where timing becomes particularly important. Normally, once your PERM is approved, the I-140 petition should be filed with the U.S. Citizenship and Immigration Services (USCIS) within 180 days to avoid the expiration of the PERM certification.

PERM Travel Considerations: Navigating Your Travel Plans

If you are anticipating or planning to travel abroad while your PERM application is still pending, it’s essential to be well-informed about the implications and necessary actions to take if your PERM is approved during your trip. This knowledge is crucial because your ability to return to the United States and pursue your green card could be affected by your travel decisions.

When to Submit the I-140 Petition After PERM Approval

An often-asked question among PERM applicants is: “If the PERM gets approved before my travel, how soon do I need to submit the I-140 petition?” As a rule of thumb, the I-140 petition should be filed as soon as possible, ideally immediately after the PERM approval. However, the mandatory time frame is that the I-140 needs to be submitted within 180 days of the PERM approval.

It’s important to note that during this period, if you are outside the country when the PERM is approved, your employer or attorney can still file the I-140 petition on your behalf. This process can continue without requiring your physical presence in the United States. Nevertheless, ensuring open communication with your employer and attorney is essential to ensure that this is done timely.

Ensuring Your Travel Does Not Interfere with the Immigration Process

While planning your travel, here are a few steps you should consider to make sure your trip does not interfere with the immigration process:

• Notify Your Employer and Attorney: Keep your employer and attorney informed about your travel plans, so they can make necessary preparations and file any required documents in your absence.
• Review Visa Requirements and Expiration: Ensure you have a valid visa for reentry to the U.S. Check the expiration date and the number of entries allowed; if you need to apply for a new visa, consider the time it will take to secure it.
• Carry Essential Documents: Have copies of essential documents, such as your Employment Authorization Document (EAD), Advance Parole document if applicable, and any other documents that relate to your immigration status.
• Maintain Your Status: It’s crucial to maintain your immigration status in the U.S. If you’re on a temporary work visa, like an H-1B visa, you should also ensure you follow all the regulations attached to your visa type.

Advice for Smooth Immigration Processing

“Maintaining accurate and up-to-date information with your immigration attorney is vital for seamless processing of your documents,” says one immigration expert. It’s a sentiment that rings true for every step of the immigration process, and especially when coordinating PERM and travel considerations.

Final Thoughts

Traveling outside the U.S. can be complex for immigrants awaiting their PERM approval. By understanding the timeline for submitting your I-140 petition after PERM approval and making preparations for a successful reentry into the U.S., you can ensure that your trip does not disrupt your long-term immigration plans. Remember the key 180-day deadline for the I-140 filing post-PERM approval, consult with your immigration attorney, and stay informed about the latest developments by visiting official immigration resources such as USCIS.

Safe travels and best of luck on your journey toward U.S. permanent residency.

Still Got Questions? Read Below to Know More

Can I start a new job in the U.S. immediately after returning from abroad if I just received my PERM approval while I was away?

When you receive your PERM (Program Electronic Review Management) approval, it means that the U.S. Department of Labor has approved your employer’s application to hire you for a permanent position. However, PERM approval is just one of the steps in the process of acquiring a green card (lawful permanent residency) in the United States.

Before you can start your new job in the U.S., especially if you are transitioning from a different type of visa to an employment-based visa, your employer must complete the next steps, which include:

1. Filing of an immigrant petition (Form I-140) with the U.S. Citizenship and Immigration Services (USCIS).
2. After the I-140 is approved, you must apply to adjust your status to a permanent resident or go through consular processing if you’re outside the U.S. Only after you have adjusted status or received your immigrant visa through consular processing, can you start your new permanent job.

If you are already in the United States on a valid non-immigrant work visa (such as an H-1B) and your PERM application is for a future permanent job (not the one you currently hold), you may generally continue your current job, but you cannot start the new permanent job until the entire green card process is completed.

For the most authoritative and current information, always refer to the official USCIS website or consult with an immigration attorney.
– USCIS official website for Green Card processes: USCIS Green Card
– Department of Labor’s PERM process information can be found here: DOL PERM

Can I renew my work visa while my PERM application is being processed if I’m currently abroad?

Certainly, if you currently hold a U.S. work visa and are abroad while your PERM (Program Electronic Review Management) application is being processed, you can generally renew your work visa. However, the process for renewal depends on several factors, such as the type of work visa you have and the specific rules that apply to it. For example, if you have an H-1B visa, which is common for specialized workers, renewal while abroad typically involves the following steps:

1. File the Visa Renewal Application: You must file a renewal application with the U.S. consulate or embassy in your country. This involves submitting a Form DS-160, Online Nonimmigrant Visa Application.
2. Provide Supporting Documentation: Along with the application, provide the supporting documents required for your specific visa category. Typically, this may include evidence of your ongoing employment, such as a letter from your employer, and proof that your PERM application is in progress.
3. Attend a Visa Interview: Once your application and documents have been submitted, you’ll usually need to attend an interview at the embassy or consulate.

Keep in mind that the approval of your work visa renewal is independent of the PERM process. The Department of State (DOS) and U.S. Citizenship and Immigration Services (USCIS) handle visa renewals, whereas the Department of Labor (DOL) manages PERM applications. Therefore, the processing of your PERM application does not directly affect your ability to renew your work visa.

To ensure accuracy, always check the latest guidelines and procedures on the official websites, such as:
– U.S. Department of State – Bureau of Consular Affairs: Travel.State.Gov
– U.S. Citizenship and Immigration Services: USCIS
– U.S. Department of Labor – Office of Foreign Labor Certification: Foreign Labor Certification

Remember to also take note of any changes to immigration policies that may have occurred since the knowledge cutoff date for this response.

Is there a risk of my ongoing PERM process being canceled if I have to leave the U.S. for an emergency trip?

The PERM (Program Electronic Review Management) process is the first step for certain foreign nationals in obtaining an employment-based green card in the U.S. It involves your employer proving to the Department of Labor (DOL) that there are no willing or qualified U.S. workers for the job you are offered. If you’re currently in the U.S. and you have to leave for an emergency trip, it does not directly affect your ongoing PERM process since the PERM application is employer-driven and not dependent on your physical presence in the U.S. However, there are a few important points to consider:

1. Communication with Your Employer: Keep your employer informed about your trip and ensure there is a way for them to contact you if needed. During the PERM process, your employer might require additional information or documents from you.

2. Status Maintenance: Make sure that your travel does not affect your immigration status. For instance, if you are on a non-immigrant work visa (like H-1B), you need to maintain that status to protect your eligibility for eventual adjustment of status (green card application). Also, ensure you have the necessary documents and approvals (like a valid visa and, if necessary, advance parole) to re-enter the U.S.

3. Monitoring the Process: Stay updated on your PERM application status. If your PERM is approved while you are abroad, your employer can proceed to the next step, filing the I-140 (Immigrant Petition for Alien Worker). You’ll need to coordinate with them for any required signatures or documentation.

An emergency trip should not cancel your PERM application as long as your employer continues the process as required and your immigration status is properly maintained. For the most authoritative and up-to-date information, consult with your immigration attorney or refer to the official Department of Labor website: https://www.dol.gov/agencies/eta/foreign-labor.

Remember, the key to a smooth immigration process is maintaining open communication lines with your employer and staying compliant with all immigration regulations both inside and outside the U.S.

What should I do if my job situation changes while I’m traveling and I have a PERM application in progress?

If your job situation changes while you have a PERM (Program Electronic Review Management) application in progress, it’s important to understand the potential impacts on your application and take appropriate action. Here’s what you should consider doing:

1. Notify Your Employer: Your employer is the petitioner for your PERM application, so any changes in your job situation should be communicated to them immediately. They need to assess if the change affects the application.

2. Consult with Your Immigration Attorney: Changes in your job situation, such as a promotion, transfer, or termination, could have implications for your PERM application. An immigration attorney can help you understand these implications and guide you on the next steps.

3. Maintain Documentation: Keep a record of any employment-related documents or correspondence that pertains to the change in your job situation. These documents can be crucial for any required updates to your application or in answering queries from the Department of Labor.

If the changes in your job are substantial, such as a different employer or a role that differs significantly from the one described in the PERM application, it could necessitate starting the PERM process anew. However, if the changes are minor and do not affect the material terms and conditions of employment, it might not impact your application.

Remember, the PERM application is for a specific position with specific job duties and salary. Any significant change could potentially affect the outcome of your application. Always check with your immigration attorney and refer to the official U.S. Department of Labor’s Employment & Training Administration website for more guidance: Foreign Labor Certification.

Finally, if you’ve changed jobs and the new employer is willing to sponsor you, they will need to file a new PERM application on your behalf.

“For most employment-based green card categories, if your job situation changes, your new employer must file a new Form ETA-9089.” – This is a common protocol when job changes occur in the middle of a PERM application. Always seek personalized advice, as each situation can vary.

For detailed information and guidance on the PERM process, you can visit the U.S. Department of Labor’s page on the PERM labor certification process.

How can my family’s travel plans be affected if I’m waiting for my PERM approval and we’re all on dependent visas?

If you are awaiting PERM (Program Electronic Review Management) approval and your family members are on dependent visas, there are several things you need to consider regarding travel:

1. Travel Risks Before PERM Approval:
   • Your family’s ability to travel internationally may be restricted because the PERM process is part of the green card application, and you may need to maintain a valid immigration status.
   • If the principal visa holder (the person with the job) travels before the PERM is approved, it could delay the process or require starting over if they cannot return in time to maintain their status or attend necessary appointments.
2. Potential Issues Upon Re-entry:
   • Upon re-entry to the US, immigration officers at the port of entry will check the visa status of each family member. If the dependent visa status is tied to the employment situation of the principal applicant, the pending PERM may raise questions about intent to immigrate, and officers may scrutinize whether you intend to return to your home country or not.
   • If any family member’s visa has expired, or if there are any discrepancies in your immigration status, re-entry could be denied.
3. Maintaining Status During PERM Process:
   • It’s crucial that all family members maintain valid visa status throughout the PERM process. Traveling abroad could complicate this if you are unable to return before your current visa expires.
   • If the PERM application is approved while you are outside the country, and your dependent visa does not allow for dual intent, you may face complications at the port of entry upon return. Dual intent refers to the concept that a nonimmigrant visa holder can intend to immigrate to the US in the future while maintaining a legal nonimmigrant status.

To avoid any issues, it’s advisable to consult with an immigration attorney before making any international travel plans while the PERM application is pending. Additionally, you should always check the latest information and travel advisories from the U.S. Citizenship and Immigration Services (USCIS) and the Department of State.

• U.S. Citizenship and Immigration Services (USCIS): USCIS Homepage
• U.S. Department of State: Travel Advisories

Traveling during the PERM process is not prohibited, but you should proceed with caution to ensure that it does not negatively impact the status of your ongoing immigration applications or your ability to return to the United States.

Learn Today:

Glossary

1. PERM (Program Electronic Review Management): A procedure for obtaining labor certification, which is the first step for certain foreign nationals in obtaining an employment-based immigrant visa (green card). It demonstrates that there are no suitable U.S. workers available for the position being offered to a foreign worker and that hiring a foreign worker will not negatively affect the wages and working conditions of similarly employed U.S. workers.

2. Labor Certification: A process to determine if there are sufficient U.S. workers able, willing, qualified, and available to perform a job and if employment of a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

3. Green Card: An official document issued by the U.S. government to foreign nationals, granting them permanent residency status in the United States. It allows individuals to live and work permanently in the country.

4. I-140 Immigrant Petition for Alien Worker: A form filed with the U.S. Citizenship and Immigration Services (USCIS), which is the next step after the approval of a PERM application. It is used to petition for an employment-based immigrant visa.

5. USCIS (U.S. Citizenship and Immigration Services): The government agency responsible for processing immigration and naturalization applications and petitions in the United States.

6. I-140 Filing: The act of submitting the I-140 Immigrant Petition for Alien Worker to the USCIS within a specific timeframe after the approval of a PERM application.

7. Traveling Abroad: The act of going to a foreign country for a temporary period of time.

8. Reentry to the U.S.: Returning to the United States after traveling abroad.

9. Employment Authorization Document (EAD): A document issued by the USCIS that authorizes an individual to work in the United States for a specific period of time.

10. Advance Parole: A document issued by the USCIS that allows certain individuals, who are awaiting adjustment of status to permanent residence, to travel abroad and reenter the United States without abandoning their pending green card application.

11. Visa Expiration: The date on which a visa document, which allows entry or stay in a foreign country, expires.

12. Visa Requirement: The conditions and documents needed to apply for and obtain a visa.

13. H-1B visa: A temporary work visa that allows U.S. employers to hire foreign workers in specialty occupations.

14. Immigration Status: The legal category or classification that determines an individual’s rights, privileges, and restrictions in a country.

15. Immigration Attorney: A lawyer specializing in immigration law who provides legal advice and representation to individuals navigating the immigration process.

So there you have it! Traveling abroad while your PERM is under process can be complicated, but with careful planning and timely actions, you can navigate through it smoothly. Remember to communicate with your employer and attorney, review visa requirements, carry essential documents, and maintain your immigration status. And for more expert advice and information, be sure to explore visaverge.com. Safe travels and best of luck on your immigration journey!

This Article in a Nutshell:

“Traveling abroad while your PERM is under process? Here’s what you need to know. Submit your I-140 petition within 180 days of PERM approval. Keep your employer and attorney informed about your travel plans. Maintain your immigration status. Visit USCIS for more info. Safe travels on your immigration journey!”