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by Brian D. Lerner (Author)
PERM is the system used for obtaining Labor Certification and is the first step for certain Foreign Nationals in obtaining an employment - based immigrant visa. The PERM is an application filed with the Department of Labor to establish that there are no willing and qualified United States workers in the United States. It is the first part of the employment-based immigration process.
While there are exceptions to whether a job in the U.S. or an employment petition will not need a PERM, it is the vast majority of cases where an employment petition in the United States will need to do the PERM petition as the first application needed to proceed with an employment manner of immigrating to the U.S. Many people believe that the only way to immigrate is through family, but that is not true. In fact, the PERM will allow you to begin the process to actually and eventually obtain the Green Card through employment. Of course, this means that you must eventually work for the employer that is petitioning you for the PERM process. However, you could be out of the U.S. while this is happening or even be working at another company. It is only when you actually have the Green Card in your hand that you would be required to work for the company that is petitioning you. Your present intention would be to work permanently. However, in reality, if something were to happen that you did not like after working there for some time, you would be free to go your own way and keep your Green Card.
The filing of applications is the responsibility of the employer, not the employee. However, the employee can benefit from understanding the program being utilized in his/her behalf. In general, the DOL works to 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 U.S. workers. Once a permanent labor certification application has been approved by the DOL, the employer will need to seek the immigration authorization from USCIS. This means that the second part of the process will actually confirm that the beneficiary is able to perform the position with his or her education, experience and qualifications.
This particular sample is an actual PERM to begin the employment process through U.S. Immigration Law. Of course, it would be sure that the ultimate beneficiary had the requisite requirements needed to fulfill the job. Note that our library also has all the other types of preference petitions for your perusal. Note that our library includes not only this family petition and other family preference petitions, but nonimmigrant visa petitions such as the L-1A Intracompany Transferee Petition and other types of applications and petitions such as the Humanitarian Reinstatement application, multiple types of work-permits such as the H-1B Specialty Occupation Visa Petition, the O-1 Extraordinary Alien Petition, B-2 examples, I-140 Applications and many more. If you enjoy this family 2nd preference petition and it makes your life easier, then come back and try the other immigration applications and petitions. Remember this PERM is the first petition needed for the three petitions needed to eventually get the Green Card. If granted, you will be given a certified PERM.
We certainly hope you find this petition useful and helpful and hope for the best immigration experience you can have. We do have petitions on every subject area of immigration, and you might look at those if needed as well. If you do need to actually have a consultation, you can call our U.S. Immigration Law office at 562-495-0554 for an initial free consultation to determine what must be done to help you and your family.
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