Has PERM Paused in Your Company? Discover the Other Self-Petition Options
Big tech companies like Amazon and Google have paused new green card sponsorships for their employees for 2024, halting the PERM process. Additionally, layoffs are creating additional immigration challenges for high-skilled immigrant workers in the US.
The Green Card is crucial for foreign workers who aim to work and stay in the US permanently, offering job flexibility, freedom from H1B uncertainties, and a secure future for them & their families.
So, Is it possible for individuals to file for a green card without employer sponsorship? The answer is yes.
In this blog, we will delve into the PERM process and its implications amidst layoffs. We will also highlight alternative self-petition green card options. Let’s begin.
What is the PERM Process?
Program Electronic Review Management (PERM) is a process to obtain labor certification from the Department of Labor.
PERM is the first step in the employment-based green card process. For example, both EB2 and EB3 green card categories mandate labor certification and employer sponsorship for filing Green Card applications with USCIS.
The primary aim of PERM is to ensure a scarcity of qualified US workers available to fill the position in the designated area of employment for which the employer intends to hire a foreign national.
Thus, PERM pausing by companies will result in their employees(foreign worker) encountering difficulties in extending their work authorization in the US.
Layoffs Complicate the PERM Process
Layoffs are no longer uncommon in the US; they are widespread. Layoffs complicate the PERM process due to the PERM regulations associated with it post-layoff. Here are the two primary reasons for the complexity of the PERM process:
- According to PERM rules, companies must notify all US workers laid off by them within 6 months before filing PERM.
- Additionally, because of layoffs, the labor market becomes saturated with US workers as well.
Consequently, companies struggle to demonstrate the absence of available US workers for the intended role of hiring a foreign worker in the employment area, a key requirement of PERM.
When Do Layoffs Affect PERM?
Let’s discuss when layoffs influence the PERM process:
- If layoffs occur in the same or a related job position as yours within the employment area specified in the PERM application, it may impact the PERM process.
- If the layoffs occurred six months before the PERM filing, they might affect the PERM process.
Self-Petition Green Card Options
With changes in company priorities affecting the immigration landscape, including the PERM pausing, now is the time to explore alternative green card pathways.
Both EB1A and EB2-NIW green cards enable you to petition for your green card independently, without needing employer sponsorship.
These options eliminate the need for a labor certification, bypassing the lengthy PERM process. As a result, you can directly submit your I-140 green card application to the USCIS.
EB1A and EB2-NIW Requirements
EB1A: To qualify for EB1A, you need to fulfill at least 3 out of the 10 EB1A criteria set by USCIS.
Subsequently, your evidence as a whole must demonstrate that you have achieved sustained national or international acclaim and have risen to the top of your field.
EB2-NIW: To qualify for EB2 NIW, firstly, you need an advanced degree or bachelor’s degree along with 5 years of work experience in the field. Alternatively, you can prove your exceptional ability by meeting at least 3 EB2 criteria.
Secondly, you must demonstrate three things to qualify for EB2-NIW:
- Your proposed endeavor has substantial merit and national importance
- You are well-positioned to advance that proposed endeavor
- On balance, it would be beneficial to the US to waive the requirements of a job offer and labor certification.
Conclusion
PERM pausing by major tech companies is a common trend in the current immigration landscape. PERM often serves as the initial step in obtaining a green card. As of 2024, the average processing time for PERM labor applications is 12 months, a lengthy period that delays the obtaining of a green card.
Therefore, it’s worth considering EB1A and EB2 NIW as viable options, given their self-petitioning option and no labor certification is required.
However, EB2 NIW is categorized under the EB2 green card, which has been experiencing significant backlogs for Indian-born individuals for several decades.
Contrary to this, EB1A has shorter green card wait times than EB2 and EB3 for India. EB1A Green card final dates move much faster in the monthly visa bulletins.
I hope this blog provides you with insights into the impact of layoffs on PERM and alternative green card options during the PERM pausing by companies.
Therefore, if you are from India, prefer EB1A to obtain US permanent residency faster. If you are looking for comprehensive EB1A assistance and support, discover the Smart Green Card VIP.
- SGC
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