David,
I'm wondering if you've heard anything about the delay in
processing RIRs since the PERM process was instituted? My
immigration attorney has heard nothing and cannot offer any kind
of time-line because none has been issued. My H 1-B is now being
renewed and he had originally thought it would be sometime next
year that I'd get permanent residence. Now it's looking like
no-one knows how long it will take, causing all kinds of
problems. My agency has been holding off on renewing my visa
because they want to know that this will be the last time. I
can't tell them it will be--I have no idea, but just know that
basically my career is on hold and
that is causing some damage to my prospects.
Do you know anything about this?
Sincerely,
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david in gram replies:
The best site for finding out about PERM and backlogs is likely
http://workforcesecurity.doleta.gov/foreign/times.asp
The PERM process is / was supposed to be faster. However, it was
inundated with applications which are overwhelming the process.
In addition, many people who had an existing application filed
another under the new regs.
Another misunderstanding is that many people got the idea that it
would make the green card process faster. PERM does not speed up
the green card other than that it was deigned to get labor
certification faster which has proven to be a moot point. Once
certified, the process takes just as long or longer (because of
more applications in the way) as before.
I also refer you to my Sept 19, 2005 newsletter about PERM - You
will notice that it was supposed to get approval within 60 days.
That just is not happening. In addition, the earlier ( applied
before you did) "faster" labor certification are making the
issuing of the I-140 and !-485 take longer because there
QUESTION: What is PERM? Is it different from Green Card?
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david ingram replies:
PERM is different from a green card. It should give employment
authorization with 60 days of submission of a proper application
as opposed
to the "up to" five years it was taking before.
PERM went into effect on March 28, 2005. and is now the "ONLY"
way to file
labor certifications ("labor certs" or "labor clearances").
Labor
certification is a determination by the Department of Labor that
there are
no U.S. workers who are qualified and available for the job in
question and
is the method required for most employment based green card
applications
The good part is that the PERM application is filed directly with
the
Department of Labor over the INTERNET. Although the state
agencies supply
the prevailing wage, they have no other involvement in the
process.
The employer must conduct specified recruitment activities,
similar to RIR
recruiting under the previous system BEFORE filing the PERM
application.
These activities must include the following:
* Two Sunday newspaper ads (or one Sunday newspaper ad and a
professional
journal where appropriate)
* A job order through the state workforce agency
* For professionals, at least three other forms of recruitment,
which can
include:
* commercial Internet ads;
* ads on the employer's own Web site;
* University campus placement offices;
* internal incentive programs;
* participation in job fairs;
* local newspaper ad
* ethnic newspapers;
* Radio or Television ads
* Trade and/or professional journals
* Employment (headhunter) Agencies
The Department of Labor expanded the list of alternative
recruitment methods
that can be used to satisfy the requirements.
Also, the salary need not be stated in the ad. This is a big
change from the
proposed regulation.
The advertising must have occurred within six months of filing
the
application. All but one ad and an internal notice must be placed
a minimum
of thirty days before the application is filed.
The employer must obtain a prevailing wage determination ("PWD")
from the
State Workforce Agency (SWA) before the application is filed. The
wage
offered must "meet or exceed" the PWD. This means that the PERM
application
can NOT be filed (and no priority date can be established) if
there is an
unresolved dispute over the prevailing wage.
The employer must now offer 100% of the prevailing wage, not 95%
as before.
However, there is now more flexibility in prevailing wage
information, since
the official wage statistics now provide four salary levels for
each job
instead of just two.
A prevailing wage problem will stop a PERM case before it starts.
Documentation should not be submitted with the application. But,
the
employer must maintain copies of the ads, resumes, and all other
documents
showing that the recruitment actually occurred as reported.
The DOL will audit selected cases. Applicants must then produce
all
supporting documents in thirty days. If the documents cannot be
immediately
produced, the application will be denied.
PERM does not change the special rules available for Schedule A
occupations
including nurses and physical therapists (who are pre-certified)
and
university teachers (who apply under an easier-to-meet standard).
Answers to this and other similar questions can be obtained free
on Air
every Sunday morning.
Every Sunday at 9:00 AM on 600AM in Vancouver, I, david ingram am
a
permanent guest on Fred Snyder of Dundee Wealth Managers' LIVE
talk show
called "ITS YOUR MONEY"
Those outside of the Lower Mainland will be able to listen on the
internet
at
www.600AM.com <http://www.600am.com/>
Call (604) 280-0600 to have your question answered. BC listeners
can also
call 1-866-778-0600.
Callers to the show and questioners on this board can also attend
the
Thursday Night seminars on finance and making your Canadian
Mortgage
Interest deductible.
David Ingram's US/Canada Services
US / Canada / Mexico tax, Immigration and working Visa
Specialists
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Home office at:
4466 Prospect Road
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email to taxman at centa.com <mailto:taxman at centa.com>
www.centa.com <http://www.centa.com/> www.david-ingram.com
<http://www.david-ingram.com/>
Disclaimer: This question has been answered without detailed
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