PERM: Recruitment Updates from BALCA
In the Matter of Tanaka, 2010-PER-01060 (BALCA)
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Restart the green card under EB-2 category
Question details
My Labour is filed in EB-3 & my PD is Oct-2003. I got my EAD in 2007. I have a BE degree from India & a work experience of 13 years. 5 in India & 8 in USA. Am I eligible for porting to EB-2? If I file a fresh EB-2 what is the process? Is it just the Perm process & I- 140 or do I need to file I- 485 again.
People with over 5 years of exp. after a 4-year degree may be ale to restart the green card under EB-2 category and then port their PD. Basically, you are redoing the PERM and I-140 for an EB-2 level job.
DOL Updates Labor Certification Debarment List
The OFLC Program Debarments List has been updated.
Click attachment to view this list.
PERM approval for a foreign company with minimal presence in USA
The head-quarters for the sponsoring employer were located outside the United States. The applicant worked in the United States at a branch office, which had fewer than 5 employees. Because of the head-quarters location and the US branch office size, the DOL questioned the existence of the company in the United States. We responded with evidence of the sponsoring employer’s business in the United States and the PERM Petition was certified.