A PERM visa is for those nonimmigrant employees who are looking to become a lawful permanent resident with a green card. This can occur if the employer and the worker have a mutual interest in maintaining their professional relationship. If the employee wishes to stay in the country and the employer agrees to this, it can help them build an application for a PERM visa. PERM is an electronic labor certification system that allows the government to process times for labor certification to under 60 days. This can be a more efficient process for those trying to obtain one of these visas. With this system in place, it became easier for individuals to obtain a PERM visa. Because of this, the government only allows a certain quota of visas.
How does the process proceed?
The employer is the individual that files the application on behalf of their employee. They have the option to file this application in the mail or electronically. Since doing it electronically is a quicker and easier process, many people tend to choose this process. The necessary documents are needed to complete the application and make you eligible for the visa. Upon the employer’s successful petition on behalf of the employee, the employee is then responsible for satisfying the requirements.
Employers must also be evaluated on behalf of the employee’s eligibility. This means that the employer will have to display that they can pay the employer’s salary and that the employee proves to be qualified for the position that they will take on. The employer must prove that they made an effort to seek a citizen who could fulfill the position but was unable to find someone before seeking out a PERM request. The employee has to be eligible for an adjustment of status regarding their residency in the United States.
What are the requirements for eligibility?
For individuals looking to apply for a PERM visa, they should meet the requirements beforehand. There are a few requirements people should meet. To be eligible, there may be no other workers that are willing, able, qualified or available to fill the position and it is an integral role for the business. The employment of the immigrant worker will not negatively affect the wages of other employees. The employer must have met the procedural requirements of the regulations. With these requirements fulfilled, individuals may be eligible for a PERM visa.
Our firm understands how much is on the line when clients face matters related to immigration. If you are in need of experienced legal counsel for matters regarding immigration, please contact the Law Offices of Salvatore A. Falletta, LLC and we would be happy to provide you with assistance. Our firm is located in Lyndhurst, New Jersey. Contact us today to schedule a consultation.