To sponsor a foreign nanny for a green card, a US individual employer can obtain a labor certification and file the I-140, EB-3 Petition for Immigrant Worker on behalf of the nanny.
We just had an I-140 approval with USCIS for an EB3 professional. The PERM was recently certified and now that the I-140 is approved, the applicant can proceed with applying for a green card once an immigrant visa is available.
We just had a PERM certified by the U.S. Department of Labor. The PERM is the first step in the process of a company sponsoring a foreign national for a green card through employment.
If an employer has a layoff within the 6 months prior to filing a PERM application, they may need to notify and consider the laid off U.S. workers for the PERM position.
EB2 NIW and PERM are both popular options for foreign workers who seek a U.S. green card through employment. This post will compare these two options and discuss which circumstances may be best suited for either option.
The PERM process can take many years and changes to the job during that time can impact the process and may require that the employer start a new PERM.
To utilize experience you gained with the sponsoring employer for the PERM job requirements, you must show that you gained the experience in a job that is not substantially comparable to the PERM job.
This issue may still be open to litigation since it is not always clear whether housing provided by an employer is a typically expected benefit like wages, health insurance and vacation days.
Employers who sponsor foreign nationals for a green card through the PERM process are required to pay the prevailing wage (or higher) as determined by a Prevailing Wage Determination.
It is possible, but not recommended, to pursue PERM employment-based green cards if the sponsoring company is owned by a family member of the foreign worker, or by the worker himself.
Foreign workers can get green cards under the EB-3 skilled workers category for jobs that require at least 2 years of job experience, education or training.
Foreign workers who are being sponsored for green cards through the PERM process must produce proof of qualifications, such as employer experience letters, at the I-140 stage of the process.
PERM is a multistep process that employers can use to sponsor foreign workers. Human resources professionals should work closely with immigration attorneys to ensure a smooth PERM process.
Generally, for an Eb-2 and Eb-3 green card petitions, the employer cannot just file a green card petition with USCIS, but will first have to get an approved PERM Labor Certification from the Department of Labor.
Foreign nationals that have an Advanced degree, Bachelor’s degree & 5 years of experience, or an exceptional ability could qualify for an Eb-2 green card.
Scott Legal, P.C. keeps up to date on the issues related to the practice areas we specialize in. We also regularly publish articles in this blog so that we can share that information with you. Please feel free to contact us and ask us any questions you have about our posts. Also, please feel free to comment in the comment section and/or share the posts with friends and family on Facebook, Twitter and Linkedin.
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