Suppose you’ve only ever worked for one employer and are considering applying for a green card. In that case, you may wonder if your employer can sponsor you through the PERM (Program Electronic Review Management) process. This post will help you understand how it works and answer whether you can use the experience gained with your sponsoring employer.
What is PERM?
PERM, or Program Electronic Review Management, is the initial step in obtaining an employment-based green card in the United States. This process requires your employer to demonstrate to the Department of Labor (DOL) that there are no qualified U.S. workers available to fill the position you are being offered. This involves a rigorous recruitment process where the employer must advertise the job, review applications, and interview candidates to ensure that no suitable American workers are willing, able, or available to take the job. Only after these efforts can the employer file a PERM application, indicating that the foreign worker is the most qualified candidate for the role.
Eligibility Criteria
To be eligible for green card sponsorship through PERM, both you and your employer must meet specific criteria:
- Job Offer: Your employer must provide a permanent, full-time job offer.
- Prevailing Wage: The job must pay the prevailing wage for the position in the geographic location where you will be working.
- Recruitment Efforts: Your employer must conduct recruitment efforts to show that no qualified U.S. workers are available for the job.
Steps in the PERM Process
Here’s a step-by-step overview of the PERM process:
- Prevailing Wage Determination: Your employer requests a prevailing wage determination from the Department of Labor (DOL).
- Recruitment: Your employer conducts a recruitment campaign to advertise the job and document the results.
- Filing the PERM Application: Your employer files ETA Form 9089 with the DOL once the recruitment is complete.
- DOL Review: The DOL reviews the application and may approve, audit, or deny it.
Can You Use Experience Gained with the Sponsoring Employer?
Using experience gained with your current employer can be a complex issue in the PERM process. Generally, the DOL requires that the experience used to qualify for the PERM position be gained outside the sponsoring employer. However, there are exceptions:
- Substantially Different Position: If the new position substantially differs from your previous roles with the same employer, the experience may be considered. The new role must have other job duties and requirements.
- Promotions and Job Progression: Experience from previous roles within the same company may be used if it involves normal job progression and the roles differ significantly in duties and skills required.
Your Role in the Process
As an employee, your role is to provide the necessary documentation and information to support your employer’s application. This may include:
- Proof of your qualifications and work experience.
- Any additional documents requested by the DOL.
Advantages of Long-Term Employment with One Employer
Having a long-term relationship with your employer can be advantageous in the PERM process:
- Familiarity: Your employer knows your work ethic and qualifications, making them more likely to support your application.
- Commitment: A long-term employer may be more committed to going through the complex PERM process with you.
Potential Challenges
While there are benefits, there can also be challenges:
- Job Requirements: The job requirements must be clear and consistent with industry standards.
- Recruitment: Your employer must demonstrate genuine recruitment efforts and document them thoroughly.
- Experience Justification: Proving that the experience gained with the employer is substantially different from the new role can be challenging and may require detailed documentation.
Conclusion
If you’ve only worked for one employer, they can sponsor you for a green card through the PERM process. However, using experience gained with the same employer requires careful consideration and may depend on the nature of your job progression. Understanding the requirements and working closely with your employer to ensure a smooth application process is essential. For more detailed guidance, consider consulting with an immigration attorney.
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We Can Help!
If you have questions regarding the green card process through PERM, We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
JEREMY L. RICHARDS is the founding partner of Richards and Jurusik and has dedicated his career to U.S. immigration law, with a specialized focus on assisting Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA) to work and live in the United States. (Full Bio)
