Category Archives: PERM/I-140/I-485 Information

  1. Green Card Applicants Now Required To Get COVID-19 Vaccine Before Obtaining I-693 Medical Exam

    Effective October 1, 2021, the Centers for Disease Control and Prevention (CDC) will now require all applicants seeking permanent residence to complete the COVID-19 vaccine and provide documentation to the civil surgeon before completing their medical exam. This includes applicants filing for adjustment of status in the US and those applying via consular processing. However,…

  2. Important Considerations When Switching Jobs And Filing I-485, Supp J.

    For employment-based candidates, switching jobs during the green card process is possible, once the I-485 has been pending for 180 days, without having to go through the arduous PERM process and I-140 filing. The portability rules allow an applicant to switch jobs once the I-485 has been pending for 180 days as long as the…

  3. PERMs and Audits

    PERM is an acronym for the “Program Electronic Review Management” system established under the Department of Labor (DOL) regulations. It is by getting a PERM certified that a foreign national starts the process to become a lawful permanent resident through employment. This, consequently, launches the journey to U.S. citizenship. All employment-based permanent residency applications (green…

  4. Premium Processing: Congress Increases The Fees And Expands The Immigration Petitions Eligible

    On October 1, 2020, Congress passed a new Bill (Emergency Stopgap USCIS Stabilization Act was included in Division D, Title I of the Continuing Appropriations Act, 2021 and Other Extensions Act) increasing USCIS Premium Processing Fees from $1,440.00 to $2,500.00 for most cases. The good news is that the Bill also expands the immigration petitions…

  5. Proving Financial Ability To Pay The Proffered Wage For An I-140

    One of the requirements to obtain an I-140 approval is that the Employer demonstrates the financial ability to pay the proffered wage from the priority date until the foreign national receives their green card. The priority date for EB-2 and EB-3 is established based on the date the PERM/Labor certification is filed.  For EB-1 filings,…

  6. EB-1, EB-2, National Interest Waiver, And EB3

    For those considering obtaining a green card through employment-based means there are a number of options to consider. The vast majority of applicants typically file either an EB-2 or EB-3.  Historically, most candidates prefer EB-2, however, because of the large number of EB-2 filings there became a backlog and EB-3 became more of an attractive…

  7. Additional Considerations for Employers Filing PERMs Who Have Laid Off U.S. Workers During COVID-19

    During the COVID-19 pandemic, millions of Americans have been laid off by their employer and this is particularly important for Employers who are in the process of filing a PERM application. The whole purpose of the PERM process (also known as the Labor Certification) is for the Employer to demonstrate that it has made a…

  8. Trump Suspends Green Cards Due to COVID-19

    Yesterday, President Trump signed an Executive Order, temporarily suspending the issuance of green cards, claiming that this is a necessary step towards protecting the jobs of U.S. workers. Effective at 11.59 pm on April 23, 2020, this proclamation suspends entry into the U.S. of the following immigrants: Those outside the U.S. as of the effective…

  9. The Dawn Of A New Era: Becoming Familiar With The New Public Charge Rule

    It feels like we are writing a new blog almost every week.  Under the Trump administration, we have seen several new policies, and this one is no different.  The new public charge rule seeks to once again limit legal immigration by targeting low- income, low- skilled poorly- educated, elderly or disabled individuals and making it…

  10. I-140 General Information

    I-140 Process For candidates filing an EB-2 or EB-3 filing, it will be necessary for your Employer to obtain a certified Permanent Labor Certification, aka PERM, before filing the I-140.  For further details please refer to our previous article regarding PERMs, which can be found at: https://www.patellegal.com/perm-process-general-information/ This article is intended for candidates who are…

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