PERM
Job Changes During the Permanent Residence Process
Q: May I change jobs during the permanent residence process?
A: It depends on the stage of the permanent residence process the case has reached when the job change is contemplated, and the type of employment-based permanent residence process the foreign national is pursuing.
Can my PERM Case Be Filed EB-2?
Q: Can My PERM Case Be Filed in the EB-2 Category?
A: First, let's clarify: determination that the case falls into the EB-2 category is made by U.S. Citizenship and Immigration Services when the agency adjudicates the Immigrant Visa Petition portion of the case using an approved PERM labor certification. The U.S. Department of Labor, which adjudicates the PERM petition, doesn't think in terms of preference classifications such as EB-2 at all.
Labor Certification - Special Employer Obligations
Q: Since Labor Certification is often the path to permanent residence for foreign nationals on H-1B visas, does it carry the same significant legal obligations for the employer as the H-1B?
A: Not exactly. The legal obligations of the employer under labor certification are in many areas similar to those for an H-1B, but they aren't identical. There are two important respects in which labor certification obligations are more significant than for the H-1B.
The PERM Labor Certification Program and Process
Q: What is PERM, and what is its significance?
A: PERM, which stands for Program Electronic Review Management, is a program administered by the U.S. Department of Labor. Employers use this program to obtain labor certification for a job offered to a foreign national employee on a permanent basis, so that the employer can proceed to request an immigrant visa for the foreign national worker from USCIS. This will enable the worker to obtain permanent residence based upon employment in the EB-2 or EB-3 categories.
Permanent Residence Based Upon Labor Certification/PERM
Q: What is labor certification, and what is "PERM"?
A: Labor Certification is a process through which the U.S. Department of Labor certifies that no U.S. worker is ready, willing and available to take a specific job.
PERM Labor Certification Info Center
In our PERM/Labor Certification Information Center, we consolidate the most relevant information about the Labor Certification process, and the PERM method of completing this process, from throughout our web site. For more general immigration information, please see our main FAQ page.
