The application for Permanent Employment Certification (Form ETA9089) is filed electronically on the Department of Labor website on a multi-page application, Form ETA 9089. PERM is an attestation-based and audit system where employers file permanent labor certification(s) on behalf of their foreign national employee(s). Employers must conduct very specific advertising and recruitment prior to filing the labor certification with the Department of Labor.
It is possible for some cases to be selected for audit (randomly, due to suspicion of fraud, or owing to the responses to certain questions on the forms). Some cases may be selected for supervised recruitment.
The approved application for permanent employment certification certifies that there are not sufficient U.S. workers who are willing, able, and minimally qualified for the position and that the employment will not adversely affect the wages or working conditions of U.S. workers in similar positions.
Upon approval of the PERM application, an immigrant visa petition must be submitted to USCIS. It is USCIS policy to require verification of the employer's ability to pay the wage offered to the foreign national in the labor certification application as of the original date of filing.
A foreign worker with an advanced degree or exceptional skills in the sciences, arts, or business may bypass the PERM process and submit an immigrant visa petition to USCIS on Form I-140 if they are able to demonstrate that their entry will benefit the U.S. economy, cultural or educational interests, or welfare. Their occupational area must be one of “substantial intrinsic merit” that will benefit, for example:
Additionally, there must be a record of past accomplishments that indicates the foreign worker’s skills will serve the national interest.
The criteria for eligibility for an NIW for a foreign national physician include:
For applicants with extraordinary abilities in the arts, sciences, education, business, or athletics recognized on a national/international level. An applicant must document their abilities, seek to continue work in the field of expertise, and document that their work will benefit the U.S.
Petitions for an Extraordinary Ability green card are filed on Form I-140 with USCIS and do not require PERM labor certification from the U.S. Department of Labor. Applicants are eligible to file their application to adjust status to lawful permanent resident (Form I-485) simultaneously with the I-140 petition.
The applicant must demonstrate that they meet the following criteria:
— Receipt of a major, internationally recognized award OR
— Evidence of at least three of the following:
EB1 immigrant visas are available to certain professors and researchers. The petition is filed on Form I-140 with USCIS. Applicants may file Form I-485 Application to Adjust Status simultaneously with the I-140 petition. They do not require PERM labor certification from the U.S. Department of Labor. There is no self-petitioning in this category — the beneficiary must fall into one of the two categories described below:
— A U.S. university or institution of higher learning, offering the beneficiary:
— A permanent research position for the applicant with a private employer with documented accomplishments and at least three persons in full-time research positions.
The applicant must have at least three years of experience teaching and/or conducting research in their field and be recognized internationally for their contributions in the academic field specified. The evidence to support this must include at least two of the following:
The Law Offices of Sheila Starkey Hahn, PC welcomes you to contact us for information about how we can assist you with immigrant visas for employees.