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7 Secrets You Must Know To Win A
       Green Card Through
    PERM Labor Certification
Ask Questions at Any Time

 Go to your Question and Answer panel
  at the bottom of the page.
 Type and send your question.
 We will answer questions during the
  Q&A session at the end of the
  presentation.
Ann Massey Badmus
Angela M. Lopez
PERM Labor Certification Process

Speaker: Ann Massey Badmus
PERM LABOR CERTIFICATION

             PERM = PROGRAM
            ELECTRONIC
           REVIEW MANAGEMENT



           U.S. Department of Labor



           Step 1 of the Green Card
                   process
WHO NEEDS LABOR CERTIFICATION?




 All foreign national workers who are employer-sponsored
 for a Green Card must undergo labor certification except:
   EB-1 Multinational Executive/Manager, Outstanding
     Researcher, Extraordinary Ability Worker
   EB-2 National Interest Waiver Worker
   EB-4 Special Immigrant Worker
Employment -Based (EB) Categories
            for PERM


  EB-2 Advanced       EB-3
     Degree        Professional
   Professional      Worker


   EB-3 Skilled   EB-3 Unskilled
     Worker          Worker
Choose the Right Immigrant Visa Category


Master’s degree or bachelor’s degree
     plus five years progressive
experience is required for the position




Employee possesses required degree
  (or foreign equivalent) and any
        required experience


                                          EB-2 Advanced Degree
                                               Professional
  Experience equivalency ≠degree
           requirement
Choose the Right Immigrant Visa Category


     Bachelor’s degree
(Professional) or two years                       EB-3
postsecondary education or                     Professional
experience (Skilled Worker)
    required by position




                                   EB-3
   Employee possesses         Skilled Worker
required degree (or foreign
 equivalent), education, or
        experience
VISA BULLETIN – November 2012
                    All Chargeability    China-
Employment-Based      Areas Except      Mainland    India     Mexico     Philippines
                      Those Listed        Born


       1st               Current         Current   Current    Current      Current
      2nd                Current        09/01/07   09/01/04   Current      Current
      3rd               11/22/06        04/15/06   10/22/02   11/22/06    08/08/06
 Other Workers          11/22/06        07/01/03   10/22/02   11/22/06    08/08/06
      4th                Current         Current   Current    Current      Current
Certain Religious
                         Current         Current   Current    Current      Current
    Workers
 Iraqi & Afghani
                         Current         Current   Current    Current      Current
   Translators
      5th                Current         Current   Current    Current      Current
    Targeted
  Employment
                         Current         Current   Current    Current      Current
 Areas/Regional
    Centers

                      Priority Date = Date of PERM filing
Job Qualifying Criteria

                                             No unduly
                                           restrictive job
                                           requirements
   Must meet           May not be              unless
   customary       tailored to foreign       adequately
requirements for         workers          documented as
 the occupation       qualifications          business
                                           necessity, e.g.
                                         foreign language
                                            requirement
Regular PERM Processing

     All full-time workers other than university
     teachers


     Conduct recruitment within 180 days of
     application to determine whether minimally
     qualified U.S. workers, i.e. U.S. citizens or
     permanent residents, are available

     Must pay prevailing wage or higher once
     foreign worker obtains permanent
     residence
Regular PERM Processing (cont.)

Prevailing wage determination $


Job order with State Workforce Agency (SWA) for 30 days


Two Sunday newspaper ads


For professionals, 3 additional ads

Notice of Filing or Job Availability posted for 10 business
days

Recruitment Report
Determine the Prevailing Wage Early

    Establish job description, including educational and
                  experience requirements



  Check OES wage survey http://www.flcdatacenter.com



   Locate alternate wage surveys, if OES wage too high



Submit ETA9141 as soon as possible and before advertising
                  if wage is an issue
Advertisement and Recruitment

 Ads must identify
                         Ads must describe
employer accurately
                         the job opportunity
    and direct
                            sufficiently to
  responses to
                         apprise applicants
    employer

                        Wage is not required
  Ads must contain
                          in ads, but must
   the geographic
                          equal or exceed
 location of the job,
                         prevailing wage if
 e.g. Dallas, Texas
                              included
Record Recruitment Responses and Act
            Immediately




 Review and     Timely contact
                                        Document
   evaluate     with applicants,
                                    applicant contacts
               e.g. 7 -14 days of
resumes upon                          or attempts to
                    receipt of
    receipt                               contact
                    resumes
Record Recruitment Responses and Act
         Immediately (cont.)
     Analyze                              Provide
 qualifications of
   applicants                          objective and
against minimum                         quantifiable
requirements (not                       reasons for
  most qualified)                        rejections



                        Screen and
                     interview based
                       upon normal
                         company
                        process
Recruitment Recordkeeping

Employers must maintain documentation of
recruitment efforts for five (5) years from filing of
labor certification

Employers must prepare a detailed recruitment
report that describes recruitment efforts

Recruitment report must include number of
applicants and reason for rejection of each
applicant
Optional Special Recruitment PERM
            Labor Certification

 For college/university teaching position
  where classroom teaching is involved
 Labor certification application must be
  filed within 18 months from date of job
  offer letter
 Single advertisement in national print
  journal or 30 days electronic
  advertisement
Optional Special Recruitment PERM
    Labor Certification (cont.)

Salary must meet or exceed prevailing wage


“Most qualified” standard of selection


Selection committee must document that foreign
national is more qualified than US applicants
Prepare for a DOL Audit

Audit File must contain:
 ◦   Recruitment log
 ◦   Recruitment report
 ◦   Prevailing wage determination
 ◦   Notice of Filing, advertisements, job order
 ◦   Documentation of business necessity for
     special requirements, e.g. foreign
     language
Prepare for a DOL Audit (cont.)
Audits can be random or triggered by:
 ◦ Job duties not normal for occupation
 ◦ Qualifying experience gained with
   sponsoring employer in comparable
   position
 ◦ Foreign language requirements
 ◦ Layoffs for same or similar position
 ◦ Sponsored employee owns part of
   business or has family relationship with
   owner of business
Sponsorship Obligations

Must pay all costs associated with PERM
process, including attorneys’ fees and advertising
(employee cannot reimburse)

Must conduct good faith recruitment effort without
sponsored employee involvement

Must confirm that no qualified, U.S. workers
responded to the recruitment
The Green Card Process After
      PERM Approval

    Speaker: Angela M. Lopez
Step 2: I-140 Petition
 Employer must file I-140 petition within
  180 days of PERM approval
 Employer must prove ability to pay the
  offered wage (prevailing wage or
  higher)
 Sponsored employee’s qualifications
  must be documented, e.g. education,
  experience
 Premium processing option ($1225)
Evaluate Ability to Pay Before Starting
            PERM Process

Proof of current ability to pay offered
wage can include:
◦ A statement from the financial officer of the
  company, if 100 or more employees
◦ Copies of the following documents for the
  year of and year preceding the labor
  certification, if fewer than 100 employees:
    Annual Report
    Federal Tax Returns
    Audited Financial Statements
Obtain Proof of Qualifications BEFORE
               PERM is Filed

   Education, training, and certifications
    must be completed before PERM is
    filed
    ◦ Diplomas and/or transcripts
    ◦ Training certificates
    ◦ Certification letters or documents
   Experience required for position must
    be attained before PERM is filed
    ◦ Detailed letters of experience from
      previous employers
Step 3: Immigrant Visa Process
         (Green Card”)


       Priority date must be
      current, i.e. immigrant
      visa number available



     Two processing options
     • Adjustment of Status petition
       (in the U.S.) - Form I-485
     • Consular process (outside
       the U.S.) - Form DS-230
Adjustment of Status
 Present in the U. S. in valid non-immigrant
  status and no status violations for more than
  180 days
 I-485 filed separately for employee and family
  member with USCIS
 Employment Authorization Document (EAD)
 Travel Authorization Document (Advanced
  Parole)
 Processing time – 6 months or more,
  depending upon priority date
Consular Process
    • DS-230 form - file with the
      Department of State
      (consulate/embassy) for
      employee and each family
      member
    • Processing Times –
      approximately 3 to 6 months
      (depends on the consulate) after
      I-140 approval
    • Applicant and family must travel
      to U.S. consulate for interview at
      designated time
Fastest Processing
 Determine whether I-485 or DS-230 is best or
  only option before I-140 is filed
 File I-140 and I-485 applications
  concurrently, if priority date is current
 Use premium processing for I-140 petition,
  especially if consular processing
 Track priority dates monthly at:
  http://www.travel.state.gov/visa/bulletin/b
    ulletin_1360.html
Question & Answer Session
Legal Notice
Facts of each case are different. The
information provided here is general in
nature and should not be relied upon
for your specific situation and is not
legal advice.
Consult with an experienced
immigration attorney to get the right
advice to secure your future in the
United States.
Thank You!


11325 Pegasus Street, Suite S-215
         Dallas, TX 75238
     469-916-7900 Telephone
     469-916-7901 Facsimile
   immigration@badmuslaw.com
      www.badmuslaw.com

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7 Secrets to Win a Green Card Through PERM Labor Certification

  • 1. 7 Secrets You Must Know To Win A Green Card Through PERM Labor Certification
  • 2. Ask Questions at Any Time  Go to your Question and Answer panel at the bottom of the page.  Type and send your question.  We will answer questions during the Q&A session at the end of the presentation.
  • 5. PERM Labor Certification Process Speaker: Ann Massey Badmus
  • 6. PERM LABOR CERTIFICATION PERM = PROGRAM ELECTRONIC REVIEW MANAGEMENT U.S. Department of Labor Step 1 of the Green Card process
  • 7. WHO NEEDS LABOR CERTIFICATION? All foreign national workers who are employer-sponsored for a Green Card must undergo labor certification except:  EB-1 Multinational Executive/Manager, Outstanding Researcher, Extraordinary Ability Worker  EB-2 National Interest Waiver Worker  EB-4 Special Immigrant Worker
  • 8. Employment -Based (EB) Categories for PERM EB-2 Advanced EB-3 Degree Professional Professional Worker EB-3 Skilled EB-3 Unskilled Worker Worker
  • 9. Choose the Right Immigrant Visa Category Master’s degree or bachelor’s degree plus five years progressive experience is required for the position Employee possesses required degree (or foreign equivalent) and any required experience EB-2 Advanced Degree Professional Experience equivalency ≠degree requirement
  • 10. Choose the Right Immigrant Visa Category Bachelor’s degree (Professional) or two years EB-3 postsecondary education or Professional experience (Skilled Worker) required by position EB-3 Employee possesses Skilled Worker required degree (or foreign equivalent), education, or experience
  • 11. VISA BULLETIN – November 2012 All Chargeability China- Employment-Based Areas Except Mainland India Mexico Philippines Those Listed Born 1st Current Current Current Current Current 2nd Current 09/01/07 09/01/04 Current Current 3rd 11/22/06 04/15/06 10/22/02 11/22/06 08/08/06 Other Workers 11/22/06 07/01/03 10/22/02 11/22/06 08/08/06 4th Current Current Current Current Current Certain Religious Current Current Current Current Current Workers Iraqi & Afghani Current Current Current Current Current Translators 5th Current Current Current Current Current Targeted Employment Current Current Current Current Current Areas/Regional Centers Priority Date = Date of PERM filing
  • 12.
  • 13. Job Qualifying Criteria No unduly restrictive job requirements Must meet May not be unless customary tailored to foreign adequately requirements for workers documented as the occupation qualifications business necessity, e.g. foreign language requirement
  • 14. Regular PERM Processing All full-time workers other than university teachers Conduct recruitment within 180 days of application to determine whether minimally qualified U.S. workers, i.e. U.S. citizens or permanent residents, are available Must pay prevailing wage or higher once foreign worker obtains permanent residence
  • 15. Regular PERM Processing (cont.) Prevailing wage determination $ Job order with State Workforce Agency (SWA) for 30 days Two Sunday newspaper ads For professionals, 3 additional ads Notice of Filing or Job Availability posted for 10 business days Recruitment Report
  • 16. Determine the Prevailing Wage Early Establish job description, including educational and experience requirements Check OES wage survey http://www.flcdatacenter.com Locate alternate wage surveys, if OES wage too high Submit ETA9141 as soon as possible and before advertising if wage is an issue
  • 17. Advertisement and Recruitment Ads must identify Ads must describe employer accurately the job opportunity and direct sufficiently to responses to apprise applicants employer Wage is not required Ads must contain in ads, but must the geographic equal or exceed location of the job, prevailing wage if e.g. Dallas, Texas included
  • 18. Record Recruitment Responses and Act Immediately Review and Timely contact Document evaluate with applicants, applicant contacts e.g. 7 -14 days of resumes upon or attempts to receipt of receipt contact resumes
  • 19. Record Recruitment Responses and Act Immediately (cont.) Analyze Provide qualifications of applicants objective and against minimum quantifiable requirements (not reasons for most qualified) rejections Screen and interview based upon normal company process
  • 20. Recruitment Recordkeeping Employers must maintain documentation of recruitment efforts for five (5) years from filing of labor certification Employers must prepare a detailed recruitment report that describes recruitment efforts Recruitment report must include number of applicants and reason for rejection of each applicant
  • 21. Optional Special Recruitment PERM Labor Certification  For college/university teaching position where classroom teaching is involved  Labor certification application must be filed within 18 months from date of job offer letter  Single advertisement in national print journal or 30 days electronic advertisement
  • 22. Optional Special Recruitment PERM Labor Certification (cont.) Salary must meet or exceed prevailing wage “Most qualified” standard of selection Selection committee must document that foreign national is more qualified than US applicants
  • 23. Prepare for a DOL Audit Audit File must contain: ◦ Recruitment log ◦ Recruitment report ◦ Prevailing wage determination ◦ Notice of Filing, advertisements, job order ◦ Documentation of business necessity for special requirements, e.g. foreign language
  • 24. Prepare for a DOL Audit (cont.) Audits can be random or triggered by: ◦ Job duties not normal for occupation ◦ Qualifying experience gained with sponsoring employer in comparable position ◦ Foreign language requirements ◦ Layoffs for same or similar position ◦ Sponsored employee owns part of business or has family relationship with owner of business
  • 25. Sponsorship Obligations Must pay all costs associated with PERM process, including attorneys’ fees and advertising (employee cannot reimburse) Must conduct good faith recruitment effort without sponsored employee involvement Must confirm that no qualified, U.S. workers responded to the recruitment
  • 26. The Green Card Process After PERM Approval Speaker: Angela M. Lopez
  • 27. Step 2: I-140 Petition  Employer must file I-140 petition within 180 days of PERM approval  Employer must prove ability to pay the offered wage (prevailing wage or higher)  Sponsored employee’s qualifications must be documented, e.g. education, experience  Premium processing option ($1225)
  • 28. Evaluate Ability to Pay Before Starting PERM Process Proof of current ability to pay offered wage can include: ◦ A statement from the financial officer of the company, if 100 or more employees ◦ Copies of the following documents for the year of and year preceding the labor certification, if fewer than 100 employees:  Annual Report  Federal Tax Returns  Audited Financial Statements
  • 29. Obtain Proof of Qualifications BEFORE PERM is Filed  Education, training, and certifications must be completed before PERM is filed ◦ Diplomas and/or transcripts ◦ Training certificates ◦ Certification letters or documents  Experience required for position must be attained before PERM is filed ◦ Detailed letters of experience from previous employers
  • 30. Step 3: Immigrant Visa Process (Green Card”) Priority date must be current, i.e. immigrant visa number available Two processing options • Adjustment of Status petition (in the U.S.) - Form I-485 • Consular process (outside the U.S.) - Form DS-230
  • 31. Adjustment of Status  Present in the U. S. in valid non-immigrant status and no status violations for more than 180 days  I-485 filed separately for employee and family member with USCIS  Employment Authorization Document (EAD)  Travel Authorization Document (Advanced Parole)  Processing time – 6 months or more, depending upon priority date
  • 32. Consular Process • DS-230 form - file with the Department of State (consulate/embassy) for employee and each family member • Processing Times – approximately 3 to 6 months (depends on the consulate) after I-140 approval • Applicant and family must travel to U.S. consulate for interview at designated time
  • 33. Fastest Processing  Determine whether I-485 or DS-230 is best or only option before I-140 is filed  File I-140 and I-485 applications concurrently, if priority date is current  Use premium processing for I-140 petition, especially if consular processing  Track priority dates monthly at: http://www.travel.state.gov/visa/bulletin/b ulletin_1360.html
  • 34. Question & Answer Session
  • 35. Legal Notice Facts of each case are different. The information provided here is general in nature and should not be relied upon for your specific situation and is not legal advice. Consult with an experienced immigration attorney to get the right advice to secure your future in the United States.
  • 36. Thank You! 11325 Pegasus Street, Suite S-215 Dallas, TX 75238 469-916-7900 Telephone 469-916-7901 Facsimile immigration@badmuslaw.com www.badmuslaw.com

Editor's Notes

  1. to invest in a new commercial enterprise which will benefit the U.S. economy and create jobs for American workers.