PERM Labor Certification is the initial step that individuals need to take for employment-based green cards, but sometimes another job might come along during the immigration process that’s better suited for them. This can lead to uncertainty regarding whether or not they can get a PERM Labor Certification and change jobs at the same time.
What Exactly is the PERM Labor Certification?
The Program Electronic Review Management process, or PERM, allows the Department of Labor (DOL) to more easily track which legal permanent residents are employed in the United States. During this process, the DOL will dictate who employs these residents, where they work, and their income.
Ultimately, the objective of the PERM is to help ensure that nobody is taking advantage of the immigration system to create cheap foreign labor that leaves American workers without jobs. While filing for the PERM is free, the process itself is complicated and specific to employers, which can make it a challenge to change jobs and get PERM Labor Certification transfers.
Executing PERM Labor Certification Transfers While Changing Jobs
Unfortunately, there is only one scenario in which workers can change jobs during the PERM Labor Certification Process. In most cases, workers can’t change occupations, but if the previous employer chooses to permit a job change once the worker has accepted a job with another company, then it’s doable. However, this is unlikely, resulting in a withdrawal of the worker’s PERM request as soon as he or she pursues another job. This will require the individual to start the PERM process over again because it’s tied to the job rather than the worker. New jobs generally mean new PERMs.
How Immigration Lawyers Can Provide Assistance
Whether workers want to start a new PERM process or attempt a transfer, an immigration lawyer can be invaluable. An experienced attorney can help employers recruit workers and deal with audits, and they can also assist workers with filing petitions for green cards. With the help of attorneys at a trusted immigration law firm, workers can make help make sure that their employers avoid the common issues that can occur when getting an employment-based green card. Luck may be required for a job change during the PERM process, but workers don’t have to worry about issues during the initial process with the help of a reliable attorney.