Perm green card feb 8 2012 final

• 1. Brown Immigration Law LLC

2. 3. 4.

• Step 1 - File PERM Labor Certification with the Department of Labor

• Step 2 - File I-140 Immigrant Petition with the USCIS

• Step 3 - File Adjustment of Status in the U.S. OR Consular Processing in Home Country (in some cases Step 3 can be filed with Step 2)

Green Card ProcessUsing PERM 5. 6.

• End goal demonstrate to DOL that no qualified, willing, and available U.S. workers seeks the job opportunity

• Job description cannot be too restrictive must represent Employers true minimum requirements for the position

• Requirements for the position exceeding DOL expectations may be challenged by the DOL to justify Business Necessity

• A minimum amount of advertising is required approach will depend on job type and location

Labor Certification Basic Rules 7.

• Employer recruits using mandated sources (print ads, job order, internal posting, in-house media)

• Additional advertising requirements for Professional hires (choose 3 options from list of 10)

• Employer/Counsel creates recruitment report for possible audit response

• Recruitment period is unspecified, although no more than 180 days in length and no less than 30

• Prevailing wage standard requires individual is paid at 100% of government determined wage rate at time of Green Card approval

• Seek the opposite of usual job searchnoqualifiedcandidates

Getting a PERM 8. 9.

• File with the Lock Box for NSC (or TSC)

• Provide medical and status documentation upfront

• Fingerprinted, but rarely interviewed

• Applicant and dependents receive work and travel authorization

• No need to leave the U.S. to become a Permanent Resident

• Possibility of adjustment portability if adjustment takes 6 mo.s +

Step 3 Adjustment of Status Processing 10.

• Its an Immigrant Visa Petition

• Attend designated U.S. Consulate in home country

• Mandatory interview

• Must bring entire family, and must be employedwith sponsoring employer at time of interview no portability

• Arrive a few days early to finalize medicals

• Require police clearances from countries youvepreviously lived in

or Consular Processing 11. Any Questions? Please start typing on the chat or [email protected] 12. Brown Immigration Law LLC Serving your Best and Brightest