Sponsoring your employees for permanent residence allows you to extend the H-1B visa beyond the typical six year maximum validity period. When the employee is the beneficiary of an approved I-140 petition, the H-1B visa can continue to be extended while the employee waits on a visa to become available. The first step to the permanent residence process is the PERM labor certification, which takes months to complete due to regulatory time frames for the various steps. In this stage, you must prove to the Department of Labor that the foreign national doesn’t harm the interests of U.S. workers.
Bonus Round: 3 PERM Tips
- Consult with an attorney to determine the best employment-based category.It may seem more appealing to go with a “second preference” or EB-2 visa, but backlogs for foreign nationals from some countries could cause processing times to be longer than the “third preference” or EB-3 category.
- Spend time discussing the job description with your attorney. It may be tempting to match a PERM description to a beneficiary’s qualifications, but an attorney can advise on the balance between generic and specific requirements.
- Plan ahead for the I-140 stage. The employer must prove its ability to pay the employee the prevailing or offered wage starting with the priority date. Your attorney can discuss the types of evidence required to prove the company’s financial ability to pay.
Challa Law Group is your one stop shop for H-1Bs, L-1s, PERMs, and adjustments of status. Contact us to discuss how we can streamline the immigration process for your employees, giving you a more stable and engaged workforce to achieve your company’s goals.