QUESTION: I have a Master’s Degree in Economics and would like to know if there is anyway I can get the Green Card through employment without waiting years.
Answer: There is what is known as the EB-2 category. This is the second employment based preference. It is specifically for persons whom have advanced degrees. In fact, unless you are from China or India, the EB-2 category is current and there is no waiting time. You will save about 5 years of waiting over people with just a B.S. Degree.
Question: What if I have a BS Degree and many years of experience? Can I still apply for the EB-2 category?
Answer: If the normal job requires a Master’s Degree and you have at least 5 years of progressive experience in the field, then you can apply for the EB-2 category.
Question: Do I still need an employer to sponsor me?
Answer: Yes. You must still go through the PERM. However, you will go through the Advanced Degree PERM and afterwards the visa number should be current.
Question: What must I do to begin the PERM process?
Answer: The Employer Must Register – Only an employee or owner of the employer entity (not its lawyer or agent) may register to use the Permanent Online System for electronic filing of LC applications (ETA 9089). To register the employer must go to icert.doleta.gov.
Question: Must the employer have an EIN number to file for the PERM?
Answer: Yes, that is required, even if it is a household filing the PERM.
Question: What happens if the employer makes an error on the PERM?
Answer: Errors on the ET 9089 Form could be fatal and the entire application could be denied. Therefore, it is critical that every question be answered and every item be completed or the entire PERM could be denied.
Question: Are there exceptions to having the petition denied if there are errors made?
Answer: If it is considered a harmless error or clerical, it is possible that the entire PERM will not be denied. However, it will be difficult to determine what is clerical and harmless verses what is material.
Question: What if the employer simply does not fill in a question or part of a question?
Answer: Errors of omission can and are fatal to the application, so you want to make sure that nothing is left blank on the ETA-9089.
Question: Must anyone sign the ETA-9089?
Answer: The employer, beneficiary and attorney must all sign the ETA 9089 after it is certified.
Question: Must the employer attest to anything before filing the PERM?
Answer: The employer must attest, under penalty of perjury, to certain matters on the ETA 9089 including that he will pay the prevailing wage, that the position is not vacant due to a labor dispute, that he has sufficient funds to pay the wage and that he will be able to place the beneficiary on the payroll on or before the date he or she enters the US.
Question: Are there supporting documents filed with the PERM?
Answer: No. There are no supporting documents filed with the PERM. However, if there is an audit or it is later asked for, then they must be provided.
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Brian D. Lerner is an Immigration and Naturalization Attorney. He is a Certified Specialist in Immigration and Nationality Law as Certified by the State Bar of California, Board of Legal Specialization. Mr. Lerner is married to a Filipina and has been helping Filipinos immigrate to the United States for nearly 20 years. His firm represents clients in Deportation/Removal proceedings, does Waivers, Appeals, Naturalization, Adjustments, Criminal Relief, Citizenship, Consulate Processing, Work Permits, Investment Visas and all other areas of Immigration and Naturalization Law. You can go online to http://www.californiaimmigration.us/ and get a free consultation or call us at (562) 495-0554 for an in-person office consultation.
