When to Start the PERM Process for E-3 Visa Holders Seeking a Green Card

For U.S. employers sponsoring E-3 visa holders (Australian professionals) for a green card, timing the PERM (Program Electronic Review Management) process is crucial. This blog explains when to initiate the PERM process to help ensure a smooth transition from E-3 status to permanent residency.

1. Unique Considerations for E-3 Visa Holders

Renewable Status: The E-3 visa, available to Australian citizens, is typically granted for two years and can be renewed indefinitely.
Dual Intent Limitation: Like the TN visa, the E-3 does not officially permit “dual intent,” so careful planning is essential to avoid jeopardizing the employee’s non-immigrant status during the green card process.

2. Ideal Timing to Start the PERM Process

Begin by Year 1: For E-3 visa holders, it is generally advisable to start the PERM process within the first year. Early initiation allows flexibility for each step of the green card process while respecting the limitations of E-3 status.

Why Early Timing? The PERM process includes several steps, such as labor certification and the I-140 petition, which can take months or even years to complete. Starting early provides a buffer to manage any potential delays.

3. Steps in the PERM Process

  • Preparation & Recruitment: The PERM process requires a recruitment period where the employer tests the U.S. labor market to confirm there are no qualified U.S. candidates for the role.
  • Submitting the PERM Application: After recruitment, the employer submits the PERM application to the Department of Labor (DOL) for review.
  • Approval Timeline: DOL processing times can vary significantly, so initiating the process early reduces the risk of timing issues.

4. Advantages of Starting Early

Avoiding Status Complications: Since E-3 visas don’t allow dual intent, starting the PERM process early helps avoid risks with status, especially when traveling.
Minimizing Delays: Early planning provides time to manage potential delays in DOL processing, ensuring a smoother path to permanent residency.

Conclusion

Starting the PERM process early for E-3 visa holders maximizes the chances of a successful green card transition without disrupting work authorization. With proactive planning, both employer and employee can navigate the process confidently. If you have questions about transitioning from an E-3 visa to a green card, contact our experienced team at Richards and Jurusik. We provide tailored guidance to help E-3 visa holders and their employers through every step of the green card process.

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