When Should You Start the PERM Process for Your H-1B Employee?
The PERM (Program Electronic Review Management) process is the first crucial step for U.S. employers looking to sponsor an H-1B employee for a green card. Timing is essential to ensure your employee’s status and work authorization remain uninterrupted. Here, we discuss when the best time to initiate this process.
1. H-1B Visa Duration
- Initial Period: The H-1B visa is granted for up to three years.
- Maximum Extension: It can be extended for a total of six years, including renewals.
- Importance: The PERM process must be timed so that it aligns with these periods.
2. When to Start the PERM Process
- Start by Year 3: It is recommended that you initiate the PERM process by the third year of an H-1B visa. This allows sufficient time for each step of the green card process, including possible delays.
- Why Early? Labor certification and the I-140 (Immigrant Petition for Alien Workers) can take significant time. Starting early provides a buffer before the sixth year of the H-1B term.
3. Steps in the PERM Process
- Preparation and Recruitment: The PERM process requires a mandatory recruitment period where the employer tests the U.S. job market.
- Filing: Once recruitment confirms no qualified U.S. workers, the PERM application is submitted to the Department of Labor (DOL).
- Approval Timeline: Processing times vary, so planning ahead helps prevent any unforeseen issues.
4. Benefits of Starting Early
- Avoiding Gaps in Employment: If the PERM and I-140 are approved before the end of the fifth year, the H-1B can be extended beyond the sixth year.
- Managing Delays: DOL processing can be lengthy; starting early reduces stress if there are unexpected slowdowns.
Conclusion
Starting the PERM process around the third year of your employee’s H-1B visa maximizes their chances of maintaining uninterrupted work authorization. This proactive approach helps the employer and employee stay on track for a smooth transition to permanent residency. Consult with an immigration attorney for specific guidance.
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