PERM labor certification

Does anybody know anything about the PERM process? I have been speaking with a lawyer and he talked about this as one of my options. Essentially it would involve having an employer in the US sponsor me, and this would lead to a green card opportunity. He says that the sponsor does not have to be a big company, but could be a friend or relative. The steps are to:

1. Obtain a PERM labor certification through the U.S. Department of labor
2. File an i-140 petition for an alien worker and
3. File a 485 application to register permanent residence

Please reply if you have any additional info as I do not know much about this process.

My mom did this under 245i (meaning, she can file to adjust status without leaving the country). Her employer is one of her best friends and it's a small company.

Her employer filed the PERM application showing proof that there were no qualified, *legal* applicants for the job (your employer can post the openings in newspapers, on job websites, or radio/TV, etc). Also, the employer has to showthat her salary would not negatively affect American wages.
It took a few years for my mom to get the PERM approved (9/11 backlog and the rush of applications, I guess) but I think approval is faster now (months?).

Once the PERM was approved, i-140 and i-485 (along with i-765/work authorization) were filed, concurrently. Because of the overstayed visa, she had to pay about $2010 in fees and fines: to file the applications, biometrics, the $1000 penalty to adjust in the US under 245i, etc.

For the i-140:
The employer had to show proof of the approved Labor Certificate and evidence such as recommendation-type letters (proving my mom's experience, qualifications, certification and/or degrees, etc) written by her employer and the agency's clients whom my mom worked for. They also needed proof of the employer's ability to pay her wages.

Her employer received her i-140 approval within a few months, and she received her work permit around the same time.


Here are some in-depth links about the process:

http://www.foreignlaborcert.doleta.gov/perm.cfm

http://www.boston.com/jobs/nehra/032408.shtml


http://www.immihelp.com/greencard/em...-petition.html


*I would recommend using a lawyer because it is employment-based and there are different job categories with different requirements/qualifications.
Also, you might need 245i protection to adjust here, if you are out-of-status or you entered without inspection.

*With a lawyer, the process was pretty easy, but can be expensive (lawyer's fee and government fees). I can give you the website of my mom's lawyer, if you'd like a second opinion.

*Our lawyer said the hardest part (other than the waiting) is getting the PERM approval because you must show that no legal/US worker is qualified and the rest is usually, pretty easy.

my lawyer said that because I entered the US through a tourist visa, the 245i would not be applicable to me. Does this mean that I won't be able to adjust my status within the US and that I'd have to return to my home country?

It just means that you don't need the 245i to adjust within the US since you entered with inspection.

I would be cautious and check that information with another immigration lawyer or you can even do a Google search (lots of useful info on immigration forums and immigration websites).
My mom also entered with a tourist visa, but she's covered under 245i.


I just checked this website and it shows who is able to adjust in the states with an expired visa (via marriage, employment or immediate relatives):
http://guruimmigration.wordpress.com...een-card-here/

"3. A person who is out-of-status on their visa, not being petitioned for as an immediate relative but in a preference relative category (other relatives who are not “immediate relatives”), or petitioned by a U.S. employer, but had an I-130 petition, I-140 petition, or labor certification filed for them on or before April 30, 2001."

I just confirmed with my mom that she needed the 245i, so you really should get another opinion because if you do file this and the lawyer is indeed wrong (and there are quite a few of them who have misled people), it could lead to your deportation.

Just curious, can most people use the 245i while they wait for processing?

Which processing?

You had to have had a i-130 petition (family) or PERM/Labor Certificate petition
(i-140/employment-based) filed for you on or before April 31, 2001 to be covered under 245i. The time to file for 245i has expired and only those covered under it can still use it.

My dad was petitioned by a company a few years ago, but it was denied (thanks to the lawyer). He entered without inspection and if it would have been approved, he would have had to go back to Mexico to live out the ban before he could come back and work.

He was denied a year or two ago and he is still here, so I doubt you would be deported if you go through with it.

Good luck.

email from my lawyer:

Hi, Thank you for the message.

245(i) allows people who overstay (but entered legally) to stay by simply paying the fines. It is not a part of the PERM process but was a potential thought to see if we could avoid doing the PERM application. But since you came in on a tourist visa a waiver under 245(i) will not work.

It sounds like you have the perfect situation for doing a PERM application. One of the many steps we have to do is to advertise the open position and show the US Dept of Labor that we attempted to hire a U.S. citizen to find the job, but could not. Here, should be fairly easy as not many citizens can cook authentic Thai food. So that helps, definately.

The approximate time varies--and I cannot make any promises. However, what I am seeing is about 6-8 months for the entire process. Maybe a little less, maybe a little more. But generally these are what the time frames are running.

The hard part is the cost. I have not seen your case, the information, your materials, and everything else. Only until I see what documents you have, and what materials you have will I have a firm idea of how much it will actually cost. But honestly, it will be in the neighborhood of $10,000 for us to put together the application and go through the process for you.

But keep in mind what I said, THIS IS AN INVESTMENT IN YOUR FUTURE. For $10,000 you can live the rest of your life legally in the United States as a citizen.

I also will tell you that we have never had a PERM application turned down. So if you are wondering if this will work or not? It WILL work, and if you go through with this, you WILL have your permanent residency.

Stop by my office and we can discuss further.