Continuing PERM Labor Certification During a Job Change
As a foreign national, a job change can impact your permanent labor certification (PERM) and green card qualifications in several significant ways.
Labor Market Test
Typically, unless the foreign worker meets specific exceptions, employers sponsoring a foreign national for permanent residency (a green card) under the employment-based second-preference and third-preference categories must conduct a labor market test.
This test includes prevailing wage determination and recruitment efforts to demonstrate that no U.S. workers are able, willing, qualified, and available to perform the job duties offered to the foreign national.
PERM Changes or Corrections
If changes or corrections are necessary after filing the PERM with the Department of Labor (DOL), the current PERM application must be withdrawn, and a new PERM filed with the necessary changes or corrections. Filing a new PERM would delay the foreign national’s green card process by several months, which could impact their ability to live and work in the U.S. while pursuing a green card.
When evaluating changes to a PERM job, consider the following factors:
- Timing of the job change
- Current immigration strategy for the foreign national
- Which aspects of the job are changing
Timing of the Job Change
Although a bona fide job opening must exist for the PERM process, the job opportunity is prospective. The foreign national does not need to be employed in the PERM job during the process. They only need to be employed in the PERM job upon becoming a permanent resident. Given the lengthy DOL labor certification process, the worker might not be able to fill the position until months or years later.
Current Immigration Strategy for the Foreign National
When evaluating the strategy, consider how far along the foreign national is in the green card process and how much time remains in their non-immigrant status. These answers will determine how starting a new PERM process due to job changes might affect the foreign national’s ability to live and work in the U.S.
Changes to the PERM Job
Not all job changes will invalidate the certified PERM and necessitate a new PERM process, but there are nuances to this process that require professional guidance from an immigration attorney.
Heckler Law Group is ready to guide you through the detailed nature of PERM labor certification to ensure a smooth process. Get started by requesting a free case evaluation, and our team will contact you promptly.
This post is intended for general information purposes only and does not constitute legal advice. You should not act or rely on any information in this post without seeking the advice of a licensed immigration attorney.