Posts Tagged ‘PERM’

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Obtaining citizenship through PERM

June 6, 2012

The PERM (Program Electronic Review Management) is a process designed to assist immigrants in obtaining an employment-based immigrant visa (“green card”) through their employment and is sometimes referred to as PERM labor certification. The PERM process began on March 28, 2005, replacing the previous paper system know as Reduction in Recruitment (RIR).

Labor Certification

Acquiring labor certification is the first stage for most employment-based green cards and is a requirement for all applicants under category employment-based preference 2 and 3 (EB2 and EB3). Labor Certification is essentially designed to help an employer test the labor market in order to ensure that all willing and able residential U.S. workers are filling all open positions for which Labor Certification is being sought. Once a PERM petition is approved, the next step for an employer is to file the immigrant petition on behalf of the foreign worker, allowing employment on a permanent basis.

What is required

The following requirements must be met in order to file the PERM Petition:

-All applications must be filed on or after March 28, 2005 and while adhering to the new PERM process and regulations.

-The employment opportunity must be a permanent, full time position.

-An official recruitment must be conducted for willing and able U.S. workers.

-Job requirements must be designated for customarily U.S. occupations, and not a foreign worker’s qualifications.

-Employers must meet the minimum wage in the area of intended employment.

-Employers must prove legitimacy.

If you are applying for a Fiance Visa

Any facet of the immigration process can be very complicated. If you or a loved one in, or outside of the United States is attempting to obtain PERM citizenship, contact NY Immigration Attorney Susan B. Henner at 1-888-733-0141 for professional assistance.

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National Security and Immigration Reform

February 15, 2012

With all of the discussion about national security, new state level immigration legislation is actually making it easier, not harder, for violent criminals to penetrate the U.S. borders.

If you need help with an Immigration matter in NY, contact Susan B. Henner now at 914-358-5200 or by email at Susan@sbhenner.com

“Immigration and National Security: The Illusion of Safety Through Local Law Enforcement Action”

Abstract:
Despite efforts to reform immigration law in the 1980s and the 1990s, the new laws passed in those decades by the Congress did not solve the long-term problems raised by undocumented people entering the United States. The issue arose anew after the terrorist attacks of September, 2001. While the advocates for immigration crackdowns in the 1980s and 1990s had cast the issue as one of economics and cultural transformation, immigration opponents after 9/11 painted a different picture: illegal immigration, they said, was a national security issue. If poor farmers from Mexico and Central America could sneak into the U.S. across the southwestern border, so could potential terrorists. This “re-branding” of illegal immigration gained significant traction on the national level, but resulted in no federal legislation. The immigration debate has now moved to the state level, with the focus on state laws such as Arizona’s SB 1070. These state laws have brought about something long sought by immigration opponents that they failed to attain in the national debates: local and state law enforcement agencies are now obligated to question people they stop about immigration status. While national security has not been the primary motivation of state lawmakers, the ironic result of these state laws will be a decrease in security against terrorists who might try to penetrate the land borders of the U.S.