The PERM rules were published on December 27, 2004, and became effective on March 28, 2005, and modified by a USCIS Memorandum (dated May 30, 2008). The
rules were adopted in an effort to streamline the process of applying for an employment-based green card. The rules changes the application form, the recruiting
requirements, and several other procedural requirements. A qualified PERM applicant's spouse and children under age 21 may also qualify for green cards as
accompanying relatives. However, proof of family relationship and admissibility is necessary.
The May 2008 Memorandum provided supplemental guidance relating to processing Forms I-140 Employment-Based Immigrant Petitions and I-129 H-1B Petitions,
and Form I-485 Adjustment Applications. Among other important things, the supplemental guidance provides for the revocation of approved labor certifications by
Department of Labor ("DOL") if a subsequent finding is made that the certification was not justified. In such instances, DOL provides notice to the employer in the
form of a Notice of Intent to Revoke an approved labor certification that contains a detailed statement of the grounds for the revocation and the time period allowed
for the employer's rebuttal. The employer may submit evidence in rebuttal within 30 days of receipt of the notice. If rebuttal evidence is not filed by the employer, the
Notice of Intent to Revoke becomes the final decision of the Secretary. If the employer files rebuttal evidence and DOL determines the certification should nonetheless
be revoked, the employer may file an appeal under 20 CFR 656.26 within 30 days of the date of the adverse determination. If the labor certification is revoked, DOL
will also send a copy of the notification to USCIS and the Department of State.
If you require assistance with a PERM our firm can help.
rules were adopted in an effort to streamline the process of applying for an employment-based green card. The rules changes the application form, the recruiting
requirements, and several other procedural requirements. A qualified PERM applicant's spouse and children under age 21 may also qualify for green cards as
accompanying relatives. However, proof of family relationship and admissibility is necessary.
The May 2008 Memorandum provided supplemental guidance relating to processing Forms I-140 Employment-Based Immigrant Petitions and I-129 H-1B Petitions,
and Form I-485 Adjustment Applications. Among other important things, the supplemental guidance provides for the revocation of approved labor certifications by
Department of Labor ("DOL") if a subsequent finding is made that the certification was not justified. In such instances, DOL provides notice to the employer in the
form of a Notice of Intent to Revoke an approved labor certification that contains a detailed statement of the grounds for the revocation and the time period allowed
for the employer's rebuttal. The employer may submit evidence in rebuttal within 30 days of receipt of the notice. If rebuttal evidence is not filed by the employer, the
Notice of Intent to Revoke becomes the final decision of the Secretary. If the employer files rebuttal evidence and DOL determines the certification should nonetheless
be revoked, the employer may file an appeal under 20 CFR 656.26 within 30 days of the date of the adverse determination. If the labor certification is revoked, DOL
will also send a copy of the notification to USCIS and the Department of State.
If you require assistance with a PERM our firm can help.
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not be relied upon as legal advice on specific facts.
Attorney-Client relationship. Moreover, while some of the information found on this site is based on laws and court rulings, it is not intended to be legal advice and must
not be relied upon as legal advice on specific facts.
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