O-1B Visa for Artists: Basics and Steps
O-1B Visa for Artists, Musicians and Film and TV Talent By Kyle Farmer, Farmer Law PC, Austin, Texas. Last reviewed:…
There are many ways in which someone can legally immigrate to the United States. One way is using an employment-based immigration visa, in which employment with a company allows an individual to obtain a green card to reside in the United States on a permanent basis.
A green card affords immigrants residency in the United States, but does not provide citizenship and the privileges that come with being a U.S. citizen.
There are various employment-based (EB) visa categories for people seeking entry into the United States on a permanent basis. They include
There are additional categories for other special types of workers. However, those are less common.
Both EB-2 and EB-3 visas require a PERM labor certification. The process of receiving a PERM can be lengthy and is often confusing. Here, we’ll discuss the PERM certification, the green card processing time, and how an experienced immigration attorney can help.
PERM labor certifications are the first step of the complex process of filing for a green card through employment-based immigration. PERM is an acronym for “Program Electronic Review Management” and is required before an employer can hire an immigrant worker on a permanent basis. The employer must follow a standardized process to test the U.S. labor market as a way to demonstrate that there are no qualified U.S. workers who are willing and able to take the position for which the employer is seeking to sponsor a foreign national.
We aim for clear, responsive communication with our clients and explain each step of the visa process.
The U.S. Department of Labor requires that individuals have an offer of employment from an employer willing and able to complete the steps of the PERM process. The basic steps in the PERM process are as follows.
Provided an audit is not performed by the Department of Labor, the PERM processing time typically takes about six months. However, in the event of an audit, during which the Department of Labor takes a more detailed look at the application, the PERM and subsequent green card processing time can be significantly increased to upward of a year and a half.
Once approved, a PERM labor certification is valid for up to 180 days. Within this time period, your employer must file your I-140. It’s important to do so while the PERM is valid, because any I-140 applications submitted with expired PERM labor certifications are automatically rejected by USCIS.
The process of waiting for your PERM to process can be stressful, but there are steps you can take to help track the process and keep yourself informed of updates along the way.
First, you can check the current PERM processing times online at the Department of Labor official website in order to plan your application accordingly.
Second, consider hiring an experienced immigration lawyer. While it may seem easy at first, getting your PERM processed can be confusing and lengthy, especially in the cases that involve audits or supervised recruitment. Having an experienced immigration attorney on your side can ensure all of your documentation is organized and submitted according to the law to maximize the chances of your PERM being processed as quickly as possible. In addition, immigration attorneys can inform you of any options available to your case that might help expedite the process.
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The attorneys at Farmer Law PC help businesses, employers and individuals with employment-based, investor and family-based immigration. For agricultural and seasonal employers, we handle H-2A and H-2B applications and help respond to DOL audits, Wage and Hour investigations and Notices of Deficiency.
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