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Health & Fitness

Immigration: PERM Application of Employer-Sponsorship: Part Two

An immigration attorney with over 30 years of experience discusses the PERM application process

The first step in the employer-sponsorship case to obtain permanent residence in the US (green card) is the Recruitment Phase, in which the job being offered to the nonimmigrant is first offered to all US citizens and lawful permanent residents
(See Blog: Riding the Elephant of Employer-Sponsorship; Part One:  March 8, 2013) The job is advertised online and in a local newspaper, and the employer interviews anyone who applies.

After the Recruitment period, the PERM application can then be filed with the US Department of Labor (USDOL). 

A PERM application is the document that describes the position being offered, the salary being offered and the nonimmigrant that the employer-sponsor wishes to fill the position. 

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The USDOL will contact the employer to verify that the filing of the PERM application has been authorized by the employer.  The USDOL may ask some
questions, or may request documentation proving the validity of the employer,
may ask for copies of the Recruitment documentation, may request Supervised
Recruitment, or may simply approve or CERTIFY the PERM application.  If there is any misinformation on the PERM, including any simple typo, or if the USDOL believes that a qualified applicant applied for the position and was rejected for improper reasons, the PERM could be denied.

If a PERM is denied, the employer can file a new PERM application, after a new Recruitment phase is conducted.  If the PERM is denied on
inappropriate grounds, the employer can also Request Reconsideration, or
appeal.  In reality, an appeal can take longer than simply filing a new PERM application!

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A certified PERM application does not confer any rights.  It is simply the
document that is needed in order to proceed to the next step of petitioning the
US Citizenship and Immigration Services (USCIS) for permanent residency. 

A PERM application can take about a year to be approved, from the initial stages of obtaining the prevailing wage determination, advertising, recruitment phase, and filing.  If the USDOL requests additional information or requires Supervised Recruitment, then the process can be significantly longer.

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