Perm questionnaire 2025

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Form I-140 may be filed at any time. However, effective July 16, 2007, all labor certifications expire 180 days from the date of certification. We must receive any Form I-140 based on an approved labor certification before the 180-day validity period has elapsed.
A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States.
Basic Requirements for Labor Certification Applications Full-time employee. The employer must hire the foreign worker as a full-time employee, not part-time. Permanent job. The employer must be offering a permanent position. Reasonable job requirements. Wage must be higher of prevailing wage or actual wage.
Tips to Reduce Chance of Audit Follow all requirements for advertising the job position. Work with a qualified immigration attorney to ensure all paperwork is properly filed and submitted. Maintain thorough records of all recruitment efforts including resumes and applications received from candidates.
For PERM Labor Certification (LC) purposes, substantially equivalent means two positions that share identical job duties at least 50% of the time. Thus, for a position to be substantially different it must have distinct job duties that make up 51% of the new positions work time.
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The 1-year rule for pending PERM applications allows you, as a foreign worker, to remain in valid H-1B nonimmigrant status during this lengthy period of uncertainty and delay. It prevents disruption to your authorized employment and income in the United States while your PERM application moves through processing.

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