PERM Processing Times (as of 6/30/2022)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | December 2021 |
| Audit Review | September 2021 |
| Reconsideration Request to the CO | February 2022 |
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Recording of July 07, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Immigration Law
Discussion Topics:
FAQs: Experience & education requirements for a PERM/labor certification-based green card || Continuing work or reverting to STEM OPT during H-1B Change of Status || For PERM, can I use my master's degree completed after I joined?
Experience & education requirements for a PERM/labor certification-based green card
Question details
1. How often does it happen that an employment-based green card gets rejected or delayed just because the minimum job requirements were low?
2. What could be decent experience & education requirements for a job to successfully get an employment-based green card.
3. My current employer is filing my green card with minimum requirements of a bachelor's and 1~2 years of experience, but my current qualifications are a master's and 2~3 years of experience. So, is it worth finding a new job and employer where my green card can be filed based on my current higher qualifications?
FAQ Transcript
1. It will get rejected not because the requirements were low, but because the requirements were so basic that there were many applications for it.
2. It depends upon the job. Difficult to answer this.
3. Here again the question is not so much what your qualifications are but what the job requires.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
For PERM, can I use my master's degree completed after I joined?
Question details
My master's degree was officially completed after joining my current company, but I had already earned 54 out of 57 total credits of my master's degree before joining this company. So, can I use this master's degree to satisfy job requirements for my GC sponsored by this company?
FAQ Transcript
The answer is probably not for the same job for which you were hired. You cannot use your master's degree that you obtained after you joined as a software developer, but you could certainly use it for the next higher job.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
PERM Processing Times (as of 11/30/2022)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | March 2022 |
| Audit Review | January 2022 |
| Reconsideration Request to the CO | May 2022 |
Agency
Green Card
Immigration Law
Recording for December 15, 2022 Conference Call with Rajiv S. Khanna
Green Card
FAQ: Explaining PERM Prevailing Wage Determination (PWD) and its elements || Recapturing H-1B unused time (Remainder Option); Changing H-1B field; USCIS’s stand on combining degree and work experience || H-4 EAD visa holders opening an LLC in the U.S. and employing their H-1B holding spouse on concurrent H-1B || Gap in status, for instance, H-1B and H-4 status issues || Eligibility for EB-1A (Extraordinary Ability)
Explaining PERM Prevailing Wage Determination (PWD) and its elements
Question details
I am on the H-1B visa right now, still in my initial 3-year window, have this query about Prevailing wages In the Perm process. My company is filing Perm under the EB2 category, it was submitted in September 2022, and the current wait time is around 8-10 months so I am still waiting to hear back from authorities.
1. I had asked my lawyer for a copy of the PWD, but they said it is a company document. Is that correct?
2. When I asked about the wages mentioned in the document, they told me the figure is 123k $ and would be paid to me after the green card is received. This prevailing wage figure is 35% higher than my current wages. Does the prevailing wage figure include cost to the company? ( insurance,401k plan for which company pays for me) or is this figure to be paid to me as a yearly salary? Also, being an Indian, and Since mine is EB2 filing, I may not receive a green card until the next 15-20 years. Is there a way I can negotiate for this salary after the perm is approved?
FAQ Transcript
- The answer is Yes, because it is the employer's property.
- One of the things you can do is, if you are trying to get a document from your file, you can check with the BAR which is typically governed by the Supreme Court of the state, the highest court of the state where the lawyer is admitted. You can find out what the rules are and they are usually very good about talking to members of the general public. Regarding the salary it is up to you, but there is no law that requires the employer to pay you right now. It is a future salary. For more information on what the wages should be you go to flcdatacenter.com.
Filing multiple PERM applications, PERM Recruitment period, and Processing Times for PWD (Prevailing Wage Determination)
Question details
Can we file two PERM simultaneously, one for the current job level and one for the future promoted level? My employer filed my green card based on my master's degree and no experience as a job requirement. So, what are the chances it will pass recruitment during PERM, keeping the current recession in mind?
FAQ Transcript
Technically, you can apply for two jobs like this because they are two different jobs. Definitely when there are specific skill requirements the chances of success are a lot better.