Immigration Attorney
Why Timing Is Critical During the PERM Processing Time
By Joseph Pellicer3 min read
Navigating the complexities of U.S. immigration law, particularly during the PERM processing time, is essential for employers and foreign workers aiming to secure permanent residency. Timing plays a pivotal role in this journey, influencing outcomes significantly. In this blog, we delve into why timing matters, the potential risks of delays, and practical strategies to optimize your approach to the PERM process.
When to Start the PERM Process?
Typically, U.S. employers who are supporting employees for green cards should start the PERM process early to guarantee a seamless transition. Delaying for an extended period can put the employee's legal standing at risk and interfere with the company's functioning. Experts recommend starting the PERM process no later than two years before an employee's work visa reaches its maximum duration, also referred to as the "max out date." Nevertheless, the need for a more proactive approach has arisen due to recent delays in processing times. Many employers now choose to begin the process about 3.5 years before visa expiration to account for these difficulties.
More: Can I Work While Waiting for My Green Card?
Risks of Poor Timing in the PERM Process
If the PERM application is submitted promptly, employees could avoid having their work visas expire before they secure permanent residency. This scenario compels people to either depart the United States or maneuver through a complex extension procedure, leading to excessive strain for workers and their families. Furthermore, postponed PERM processing can interrupt the continuity of business operations, influencing productivity and the stability of the workforce.
Commencing the PERM process early can provide an extra benefit for those with H-1B visas. Employers can take advantage of a rule that prolongs the H-1B visa beyond six years if the PERM or I-140 petition has been in process for 365 days before the fifth year of H-1B.
Will PERM Processing Time Improve in 2024?
Recent trends suggest that PERM processing times have lengthened considerably over the past few years, with little indication of improvement. At a recent American Immigration Lawyers Association conference, Department of Labor officials acknowledged record-high application volumes across all programs. Despite requesting increased funding from Congress to address these challenges, the DOL's resources remain constrained, exacerbated by inflation and declining revenues from H-1B ACWIA fees.
The introduction of a new ETA Form 9089 and filing system in June 2023 aimed to streamline processes, yet approximately five thousand legacy PERM applications still await adjudication. Furthermore, seasonal resource reallocations to meet H-2A and H-2B program deadlines further strain PERM processing capabilities. Under these factors, stakeholders should anticipate delays in prevailing wage determinations and PERM application processing.
Let Us Help You Achieve Your American Dream
Navigating the complexities of the PERM process demands expertise and proactive planning. At the Law Office of 360 Immigration Law Group, we specialize in supporting individuals and employers in Coconut Creek, Pompano Beach, Boca Raton, Tamarac, Parkland, Deerfield Beach, Sunrise, Oakland Park, Fort Lauderdale, and Plantation. Our team offers complimentary Portuguese, Spanish, and English consultations to ensure you understand your rights and options effectively. Contact us today at 954.667.3660 to begin your journey toward securing permanent residency.
