B
O
C
The New PERM Regulation
PERM is the new labor certification system that will allow
employers to file labor certifications (the pre-requite for most
employment based Green Cards) online.
The employers will not need to submit supporting documentation
with the cases and will instead retain the documents for inspection
in case of an audit.
When will PERM be effective ?
March 28, 2005
Can cases be converted to PERM?
Yes, pending cases can be converted to PERM, however they will
have to meet certain requirements. If not the case will be
considered new. A new case can still be filed under PERM but will
have a new priority date.
Is recruitment the same as it was under previous methods
such as RIR?
No. PERM has brought with it new requirements for recruitment.
These requirements include a required advertisement in two
Sunday edition major newspapers.
How will cases be submitted?
Either by mail or online.
How much faster will Perm be compared to current
processing?
Under current traditional Labor Certification processing the
process can take 5 years or longer. Under RIR processing the
Certification will take 2 to 3 years in California and most large
cities. In smaller States RIR is taking one year.
The PERM process will take 45 to 60 days.
Status: Section 245(i)
Applying for Permanent Residence when you are Out of
Status Important update regarding Section 245(i)
The President has signed the "LIFE" Act into law. This new law
extends Section 245(i) to those out of status Aliens wishing to
apply for Permanent Residency in The United States.
The new Section 245(i) law allows those individuals who are out of
status or illegally present in The United States to apply for
permanent Residency (Green Card) without the need to return to
their home country.
The Alien must show that he or she was physically present in the
United States the day the Law was signed by the President,
December 21, 2000. The Alien must file for Permanent Residency
by April 30, 2001.
Important key points include:
The Alien qualifies under Section 245(i) as long as he or she
"FILES" a green card application by April 30, 2001. An approval by
this date is not required.
The Alien will have to pay an additional $1,000.00 penalty to the
USCIS. This penalty will not be due until the adjustment stage of
the application. The adjustment stage may be many years,
depending on the type of case.
The alien Does qualify under Section 245(i) if a Family or Relative
based petition is filed on his or her behalf before the April 30,
2001 deadline.
Therefore, even though a sibling United States Citizen petition
may take 10 years for some countries for Adjustment, the filing of
this petition before the deadline will grandfather the
Alien sibling for adjustment when the priority date comes about 10
years later.
The alien may "transfer" his or her petition to another category if
that category becomes available. For example, a sibling United
States Citizen petitions her Alien brother before April 30, 2001.
The brother may legally wait inside the United States for his
priority date to become current (this may take 10+ years).
However, four years down the road the brother finds an employer
who is willing to sponsor him for a green card under Labor
Certification. This sponsor may petition the brother via Labor
Certification and the brother will be allowed to adjust, as he would
be grandfathered under the 245(i) law.
An alien qualifies for Section 245(i) where a permanent petition is
filed with The Immigration and Naturalization Service or The
Department of Labor for a Business petition, Family/Relative
Petition or Religious Petition.
It is important to note that those individuals, who file a Permanent
Resident petition with The USCIS or Department of Labor prior to
January of 1998, also qualify under Section 245(i) for adjustment.
Further consultation with an Attorney is always advisable before
making any decisions regarding a Section 245(i) application.
PERM is the new labor certification system that will allow
employers to file labor certifications (the pre-requite for most
employment based Green Cards) online.
The employers will not need to submit supporting documentation
with the cases and will instead retain the documents for inspection
in case of an audit.
When will PERM be effective ?
March 28, 2005
Can cases be converted to PERM?
Yes, pending cases can be converted to PERM, however they will
have to meet certain requirements. If not the case will be
considered new. A new case can still be filed under PERM but will
have a new priority date.
Is recruitment the same as it was under previous methods
such as RIR?
No. PERM has brought with it new requirements for recruitment.
These requirements include a required advertisement in two
Sunday edition major newspapers.
How will cases be submitted?
Either by mail or online.
How much faster will Perm be compared to current
processing?
Under current traditional Labor Certification processing the
process can take 5 years or longer. Under RIR processing the
Certification will take 2 to 3 years in California and most large
cities. In smaller States RIR is taking one year.
The PERM process will take 45 to 60 days.
Status: Section 245(i)
Applying for Permanent Residence when you are Out of
Status Important update regarding Section 245(i)
The President has signed the "LIFE" Act into law. This new law
extends Section 245(i) to those out of status Aliens wishing to
apply for Permanent Residency in The United States.
The new Section 245(i) law allows those individuals who are out of
status or illegally present in The United States to apply for
permanent Residency (Green Card) without the need to return to
their home country.
The Alien must show that he or she was physically present in the
United States the day the Law was signed by the President,
December 21, 2000. The Alien must file for Permanent Residency
by April 30, 2001.
Important key points include:
The Alien qualifies under Section 245(i) as long as he or she
"FILES" a green card application by April 30, 2001. An approval by
this date is not required.
The Alien will have to pay an additional $1,000.00 penalty to the
USCIS. This penalty will not be due until the adjustment stage of
the application. The adjustment stage may be many years,
depending on the type of case.
The alien Does qualify under Section 245(i) if a Family or Relative
based petition is filed on his or her behalf before the April 30,
2001 deadline.
Therefore, even though a sibling United States Citizen petition
may take 10 years for some countries for Adjustment, the filing of
this petition before the deadline will grandfather the
Alien sibling for adjustment when the priority date comes about 10
years later.
The alien may "transfer" his or her petition to another category if
that category becomes available. For example, a sibling United
States Citizen petitions her Alien brother before April 30, 2001.
The brother may legally wait inside the United States for his
priority date to become current (this may take 10+ years).
However, four years down the road the brother finds an employer
who is willing to sponsor him for a green card under Labor
Certification. This sponsor may petition the brother via Labor
Certification and the brother will be allowed to adjust, as he would
be grandfathered under the 245(i) law.
An alien qualifies for Section 245(i) where a permanent petition is
filed with The Immigration and Naturalization Service or The
Department of Labor for a Business petition, Family/Relative
Petition or Religious Petition.
It is important to note that those individuals, who file a Permanent
Resident petition with The USCIS or Department of Labor prior to
January of 1998, also qualify under Section 245(i) for adjustment.
Further consultation with an Attorney is always advisable before
making any decisions regarding a Section 245(i) application.
BOGLE
OKOYE
CHANG
 | |  |
BOGLE & CHANG, LLC
Copyright © 2010 Bogle & Chang, LLC. All Rights Reserved.
 | |  | |  | |  | |  | |  | |  |
 | |  | |  | |  |
Labor Certification: PERM
 |  |  |  |  |  |  |  |  |
