1. 6/23/2014
1
Secrets to Winning a Green Card
through PERM Labor Certification
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2. 6/23/2014
2
Presenters
Ann M. Badmus Angela M. Lopez Thu T. Nguyen
www.cowlesthompson.com
Green Card Application Procedures after PERM
Overview of PERM Labor Certification and
Permanent Residence Process
PERM Labor Certification Nuts & Bolts
Webinar Agenda
1
2
3
pp
Approval
Questions & Answers
3
4
Overview

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What is PERM?
PERM = PROGRAM
ELECTRONIC
REVIEW MANAGEMENT
U.S. Department of Labor
Step 1 of the Green Card
process
Who Needs PERM?
All foreign national workers who are
employer-sponsored for a Green Card must
undergo labor certification except:
• EB-1 Multinational Executive/Manager,
Outstanding Researcher, Extraordinary
Ability Worker
• EB-2 National Interest Waiver Worker
• EB-4 Special Immigrant Worker
Special Considerations Before You Start
Employee’s ownership status in sponsoring company, i.e.
shareholder, partner, or member
Employee’s family relationship to owners of the sponsoring
company
Travel requirements of the positionTravel requirements of the position
Layoff of US workers in the same position within six months
of application
Anticipated changes in position or work locations

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Employment Based (EB) Categories
EB-2 Advanced
Degree
Professional
EB-3
Professional
Worker
EB-3 Skilled
Worker
EB-3 Unskilled
Worker
Choosing the Right Category
Master’s degree or bachelor’s degree
plus five years progressive experience
is required for the position
Employee has the required degree (or
foreign equivalent) and any required
experience
Experience equivalency ≠degree
requirement
EB‐2 Advanced Degree
Professional
Choosing the Right Category (cont.)
Bachelor’s degree
(Professional) or two years
postsecondary education or
experience (Skilled Worker)
required by position
EB-3 Professional
Employee possesses
required degree (or foreign
equivalent), education, or
experience
EB-3 Skilled Worker

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Visa Bulletin – July 2014
Employment-
Based
All
Chargeability
Areas Except
Those Listed
China-
Mainland
Born
India Mexico Philippines
1st Current Current Current Current Current
2nd Current 07/01/09 09/01/08 Current Current
3rd 04/01/11 10/01/06 11/01/03 04/01/11 01/01/093rd 04/01/11 10/01/06 11/01/03 04/01/11 01/01/09
Other Workers 04/01/11 01/01/03 11/01/03 04/01/11 01/01/09
Priority Date = Date of PERM filingPriority Date = Date of PERM filing
PERM Nuts and Bolts
Regular PERM Process
Applies to all
full-time
workers other
Recruitment
required
within 180
days of
application to
Must pay
prevailing
wage orworkers other
than
university
teachers,
nurses &
physical
therapists
application to
test the
market for
minimally
qualified U.S.
workers, i.e.
U.S. citizens
or permanent
residents
wage or
higher once
foreign
worker
obtains
permanent
residence

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Duties and Job requirements No unduly
Define the Position
qualifications
must be
customary and
usual for the
occupation.
q
cannot be tailored
to the foreign
worker
(beneficiary)
qualifications.
y
restrictive job
requirements
unless “business
necessity” is
proved, e.g.
foreign language
requirement.
Determine the Prevailing Wage Early
Check OES wage survey http://www.flcdatacenter.com
Establish job description, including educational and experience
requirements
Submit ETA9141 as soon as possible and before advertising if
wage is an issue
Locate alternate wage surveys, if OES wage too high
Advertisement and Recruitment
Job order with State Workforce Agency
(SWA) for 30 days
Two Sunday newspaper ads
For professionals, 3 additional ads
Notice of Filing or job availability posted for
10 business days
Recruitment Report and Resumes

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Advertisement and Recruitment
(cont.)
Ads must identify
employer accurately
and direct responses
t l
Ads must describe
the job opportunity
sufficiently to apprise
li tto employer applicants
Ads must contain the
geographic location
of the job, e.g.
Dallas, Texas
Wage is not required
in ads, but must
equal or exceed
prevailing wage if
included
Advertisement and Recruitment (cont.)
Review and Timely contact Document
Record Recruitment Responses and Act Immediately
Review and
evaluate
resumes upon
receipt
y
with applicants,
e.g. 7 -14 days
of receipt of
resumes
applicant
contacts or
attempts to
contact
Advertisement and Recruitment (cont.)
Analyze
qualifications of
applicants against
minimum
requirements (not
most qualified)
Provide
objective and
quantifiable
reasons for
rejections
Record Recruitment Responses and Act Immediately
most qualified)
Screen and
interview based
upon normal
company
process
rejections

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Advertising and Recruitment (cont)
Recruitment Recordkeeping Requirements
Employers must maintain documentation
of recruitment efforts for five (5) years
from filing of labor certification
Employers must prepare a detailed
recruitment report that describes
recruitment efforts
Recruitment report must include number
of applicants and reason for rejection of
each applicant
Optional Special Recruitment
• For college/university teaching position where
classroom teaching is involved
• Labor certification application must be filed
within 18 months from date of job offer letter
• Single advertisement in national print journal
or 30 days electronic advertisement
Optional Special Recruitment
(cont.)
• Salary must meet or exceed prevailing wage
• “Most qualified” standard of selection
• Selection committee must document that
f l l f d h Sforeign national is more qualified than US
applicants
• PERM recordkeeping requirements apply

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Schedule A Pre-Certification
Nursing Physical Therapy
Registered Nurses,
Nurse Practitioners,
Advanced Practice
Nurses
Physical Therapists
(Bachelor degree or
higher)
•Pre-certified, no recruitment required except internal notice of filing
•Salary must be equal to or higher than prevailing wage
•Bypass Department of Labor and apply directly to USCIS
Prepare for a DOL Audit
•Recruitment log
•Recruitment report
•Prevailing wage determination
•Notice of Filing advertisements job order
PERM Audit File
•Notice of Filing, advertisements, job order
•Documentation of business necessity for
special requirements, e.g. foreign language
Prepare for a DOL Audit (cont.)
PERM Audits Can Be Random or Triggered by:
•Job duties not normal for occupation
•Qualifying experience gained with sponsoring
employer in comparable position
•Foreign language requirements
•Layoffs for same or similar position
•Sponsored employee owns part of business or
has family relationship with owner of business

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Employer Obligations
QUICK FACT
Must pay all PERM
process costs,
including attorneys’
fees and
advertisement costs.
S d l
QUICK FACT
Must conduct good
faith recruitment
effort WITHOUT
sponsored
employee’s
i l t
QUICK FACT
Must confirm that
no qualified, U.S.
workers (citizens
or permanent
residents)
d d t thSponsored employee
may NOT reimburse
employer for any
PERM associated
expenses.
involvement.responded to the
recruitment.
Green Card Process After
PERM Approval
Step 2 – I-140 Petition for
Immigrant Worker
Employer must file I-140 petition within 180 days of
PERM approval
Employer must prove ability to pay the offered wageEmployer must prove ability to pay the offered wage
(prevailing wage or higher)
Sponsored employee’s qualifications must be
documented, e.g. education, experience
Premium processing option ($1225)

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Evaluate Ability to Pay Before PERM
Process Begins
Proof of current ability to pay
offered wage can include:
•A statement from the financial officer ofA statement from the financial officer of
the company, if 100 or more employees
•Copies of the following documents for
the year of and year preceding the labor
certification, if fewer than 100
employees:
•Annual Report
•Federal Tax Returns
•Audited Financial Statements
Obtain Proof of Qualifications Before
PERM Process Begins
Education, training, and certifications must
be completed before PERM is filed
•Diplomas and/or transcripts
•Training certificates
•Certification letters or documentsCe t cat o ette s o docu e ts
Experience required for position must be
attained before PERM is filed
•Detailed letters of experience from
previous employers
Step 3 - Immigrant Visa Application
Priority date must be
current, i.e. immigrant
visa number available in
the EB category
Two processing options
• Adjustment of Status petition
(in the U.S.) –
Form I-485
• Consular process (outside the
U.S.) - Form DS-260
Quick Fact
J-1 Waiver Physicians
must complete three year
medical service before
applying for immigrant
visa

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Adjustment of Status (I-485)
Present in the U. S. in valid non-immigrant status and no
status violations for more than 180 days
I-485 filed separately for employee and family member with
USCIS
Employment Authorization Document (EAD)/Travel
Authorization Document (Advanced Parole)
Processing time – 6 months or more, depending upon
priority date
Consular Process (DS-260)
DS-260 Form – file with Department of State
(consulate/embassy) for employee and each family
member
International Travel required – Employee and family
b t tt d i i t i i t i t thmember must attend immigrant visa interview at the
U.S. embassy located in home country
Processing time – 6 months or more, depending upon
priority date and consulate
Tips for Fastest Processing
Determine whether I-485 or DS-230 is best or only option
before I-140 is filed
File I-140 and I-485 applications concurrently, if priority
date is current
Use premium processing for I-140 petition, especially if
consular processing
Track cut-off dates against your priority date monthly at:
http://www.travel.state.gov/visa/bulletin/bulletin_1360.html

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Questions?
What to Do Next?
Facts of each case are different. The
general information provided here
should not be relied and is not legal
advice.
Consult with an experiencedConsult with an experienced
immigration attorney to get the
right advice for your specific
circumstances.
Cowles & Thompson, PC
901 Main Street
Suite 3900
Dallas, Texas 75202
214-672-2000
How to connect with us
immigration@cowlesthompson.com
www.cowlesthompson.com
www.badmuslaw.com
www.physicianimmigration.com