What is PERM? PERM (Program Electronic Review Management) is a system through which employers submit an electronic application to DOL to attest that they have taken the required steps to recruit U.S. workers and that they have been unable to find a qualified U.S. worker for the position. Employers are responsible for keeping documentation of the recruitment and the documentation is submitted to DOL as a result of an audit. Is an employer required to […]Continue Reading
What happens if I am in OPT / F-1 and an employer filed a cap-subject H-1B petition on my behalf?
What happens if I am in OPT / F-1 and an employer filed a cap-subject H-1B petition on my behalf? Most likely the student will need to apply for a cap-gap extension I-20. This is based on a regulatory provision which extends an eligible F-1 student’s status to bridge the gap between the end of F-1 status and start of H-1B status October 1, 2014. This provision allows the student to remain in the US […]Continue Reading
FAQ: Alternatives to Cap-Subject H-1B Petitions While many foreign nationals might have to wait until next April for another chance at H-1B status, the following options should be considered for affected employees: >>Return to FAQ H-1B’s that are Cap-Exempt These include petitions for employment at an institution of higher education, or a related or affiliated nonprofit entity, nonprofit research organization, or governmental research organization and physicians on J-1 visas who receive H-1B status through the […]Continue Reading
Q. What recruitment steps are required under PERM? A. PERM requires employers to undergo specific forms of recruitment within the six months prior to filing the PERM application. These forms of recruitment include: a 30 day job order with the State Workforce Agency (SWA), an internal notice of filing the job opportunity at the place of employment and two Sunday ads in the newspaper of general circulation. To continue, please click here.Continue Reading
FAQ: The First Step to an Employment-Based “Green Card” – The Labor Certification Process
Employers seeking to obtain permanent residence for a foreign worker generally have to obtain a “labor certification” (LC) from the Department of Labor (DOL) as the first step in the process. DOL uses a system known as “PERM” to allow employers to file applications forsuch LC. What is PERM? PERM (Program Electronic Review Management) is a system through which employers submit an electronic application to DOL to attest that they have taken the required steps to recruit U.S. […]Continue Reading
Q: What is a B-1 Visa? A. The B-1 visa is for business travel such as to consult with business associates, attend a scientific, educational, professional or business conference, settle an estate, or negotiate a contract. The definition of “business” in this instance is limited, and does not generally allow for gainful employment. Citizens of one of the 37 countries participating in the Visa Waiver Program can apply to obtain an Electronic System for Travel Authorization […]Continue Reading