PERM

Nurse Green Card Options for a BSN Holder

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I am a registered nurse about to get my BSN this August 2010. I am really concerned about the retrogression and would like to know the steps i need to take to find a sponsor for green card. Thanks

There is still a special category for nurses (Schedule A) which allows a company to sponsor you for a green card without having to undergo labor certification (PERM). However, it is no longer fast tracked and processing times are currently about five years so you will need to maintain your nonimmigrant status if you wish to remain in the US while the green card application is pending. Since you have a BSN, you may qualify for an H1B visa depending on the type of nursing position you are able to find.

PERM Application Where Applicant’s Experience Was Obtained From Sponsoring Employer

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I am currently working with an employer in the US on H1b. I have been working in datawarehousing field for the past almost 5 years. Prior to the US, I had 4 years, 5 months experience in the same field before moving to the US.

Now, for EB2 category, I am waiting for my 5 years completion time. Once that is done, I want to apply for a green card with my employer. I wanted to know one thing though, will my experience with my current employer in the US be considered or not? Since the experience has been in Datawarehousing throughout these years, it shouldn’t be a problem, right?

I have heard though, that the current employer experience is not considered. Is that true?

Apart from that, I would require the details and fee involved in the whole process and time frame for EB2.

Experience gained from the sponsoring employer cannot be used unless the job was not substantially comparable to the job offer. Therefore, it is possible to use the experience as we have successfully dealt with this issue before. Current PERM processing times are about two months and EB-2 processing is about 3-5 months.

PERM Based EB-2

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I hold MS Finance from USA and have 2 years of work experience from Bangladesh. I am a Bangladeshi passport holder. I have been employed by “A” company as a Consultant and working in the finance industry. My salary is $60,0000 per year.

Am I eligible to apply for Green Card under EB2 category?

You are eligible for EB-2 processing if your job position requires an advanced degree (MS or BA+5) and you hold an advanced degree or a Bachelor’s degree with five years of experience.

PERM Amendment

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I filed a PERM application on my own and realized that I made a mistake. Can I go back and correct this mistake?

Unfortunately, amendments cannot be made after the application is submitted. You will need to submit a new application. Depending on when the advertising campaign was performed, it may need to be redone. We’ve helped many clients correct similar problems and can help you prepare a proper PERM application so you can timely obtain your green card.

Filing a Second PERM Labor Certification to Take Advantage of shorter EB2 Wait Times

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I am from India and I already got an approved labor certificate and I140 in the EB3 category. My I485 has been pending for three years now and it seems like it will never get approved because of the long waits. I have a job offer from another company and I want to file again to go through the EB2 category. Is this ok? Am I qualified? I only have a BA but I now have 6 years of experience.

Yes, not only is it possible for the new company to refile for you but you should be able to take advantage of your current priority date. This likely means that your priority date will be current once the application is approved and you should be able to obtain your green card without any additional wait for a visa number. Regarding your qualifications, a Bachelor’s degree + 5 years experience is the minimum requirement for an EB2 petition so you are almost certainly qualified.

Lost Labor Certification/PERM

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Please help me. My boss lost my labor certificate. He filed my I-140 with a signed copy but apparently that wasn’t good enough and they are asking for the original. What I can do?

Lost labor certifications are not uncommon. The biggest problem is that the Department of Labor will not simply send you another one. They will only send a duplicate directly to USCIS. Normally the procedure is to make a formal request, following proper procedure, to USCIS to request a duplicate for the labor certificate from the DOL. Then once they receive the duplicate, they will send it to the Petitioner and both parties may sign it. By waiting until the last minute, you have violated proper procedure and your case may be denied. Because the PERM approvals are only valid for 180 days now, you may be in the situation where a denial of your I-140 may require you to undergo labor certification all over again. We can assist you in this matter, though it will not be easy.

Nanny Visa Options

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There are four options for host families to bring a foreign nanny/domestic worker to assist them in their home.

J1 Visa – Au Pair

The easiest and, by far, most popular option is to bring a nanny as an au pair.  The au pair program utilizes the J1 visa and persons wishes to hire an au pair must do so through an au pair program authorized by the US Department of State.  The prospective au pair are preselected by the program sponsor and the host family must choose the au pair from the offered pool.  Costs are typically between $7,500 to $12,500 which are paid to the au pair program and the host family must also pay the au pair expenses which run between $250 to $450 per week.  The au pairs themselves must undergo training and many types of background checks.  In addition, the au pairs must meet the following requirements:

(1) Are between the ages of 18 and 26;

(2) Are a secondary school graduate, or equivalent;

(3) Are proficient in spoken English;

(4) Are capable of fully participating in the program as evidenced by the satisfactory completion of a physical;

(5) Have been personally interviewed, in English, by an organizational representative who shall prepare a report of the interview which shall be provided to the host family; and

(6) Have successfully passed a background investigation that includes verification of school, three, non-family related personal and employment references, a criminal background check or its recognized equivalent and a personality profile. Such personality profile will be based upon a psychometric test designed to measure differences in characteristics among applicants against those characteristics considered most important to successfully participate in the au pair program.

The au pair may be granted a J1 visa for a duration of 12 months which can later be extended if the host family wishes to continue her services.

H2B Visa – Short Term Help

The H2B visa is generally employed by companies with seasonal or intermittent business such as coastal restaurants, theme parks or other tourist spots.  However, the H2B visa can also be used to bring nannies to the US.  Unlike the au pair program which requires the host family to go through an au pair program, the host family can directly petition for the nanny.  The downside is that the host family must be able to show that there are no available US workers for the job and that the work is temporary in nature.  While the visa may have a three year duration, the work period must be less than 12 months each year.  There are no program fees to be paid but the host family must pay the nanny the prevailing wage as determined by the US Labor Department.

B1 Visa – Accompanying US Travelers

US Citizens, permanent residents and foreign nationals coming to the US for temporary nature may bring domestic help with a B1 visa.  The parties must enter a written employment contract guaranteeing payment of the prevailing wage for an eight hour workday and provide any benefits normally required for US domestic workers in the area of employment.  B1 visa are typically valid for 6 months but may be extended.

PERM Labor Certification – A Permanent Solution

The PERM program offers a permanent solution for the host family that has chosen a nanny who they would like to keep permanently.  Similar to the H2B visa, PERM does not require the host family to go through a sponsoring agency, a prevailing wage must be paid and the host family must be able to show that no US workers are available for the position.  However, the work does not need to be temporary in nature and upon approval of the PERM process, the host family may petition for the nanny to obtain residency so she can enter the country.

In order to qualify as a nanny, the applicant must have two years of experience as a nanny and be offered full time employment as a nanny by the host family.  To qualify as a domestic live-in, the applicant must have one year of experience and the host family must show that the employment is a business necessity.

Recent Challenges with the PERM Labor Certification Process

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Recent layoffs have made obtaining PERM certification much more challenging than in the past. If there is a layoff in the area of intended employment, PERM regulations require that the employer notify and consider all potentially qualified laid off workers in the occupation or related occupation. 20 C.F.R. § 656.17(k)(1). Moreover, the employer must disclose the layoffs to the Department of Labor when filing the PERM application.

If, during the recruitment phase of the PERM process, just one minimally qualified US worker applies for the open position and cannot be disqualified, the PERM will fail, assuming there is only one opening. Therefore it is imperative to plan ahead and determine exactly which laid off workers must be notified.

On January 29, 2009 the Department of Labor (DOL) provided an update on PERM approval rates and audits. Since the start of the PERM program in 2005, 224,000 PERM applications have been filed and 68,674 of those applications were either withdrawn or denied. This is an overall approval rate of 69%. Additionally, the DOL noted that 26% of currently processed cases were being audited.