Permanent Residence

Permanent Residence

There are many ways foreign nationals can obtain permanent residence (green card) in the United States through business and employment. The most common way involves three steps: a Labor Certification (PERM), an I-140 petition, and either an application for adjustment of status or an application for an immigrant visa at a U.S. consulate abroad.

The entire permanent residence process can be lengthy, and it is quite daunting. At Noble Vrapi, we take care of every step of the process so that owners and managers can retain valuable employees and focus on running the organization, not worrying about immigration barriers.

Process

  • The PERM process is intended to ensure that employers do not seek to employ a foreign national when qualified U.S. workers are ready, willing, able, and available to fill the position. This requires the employer to advertise the position in a variety of venues and properly document the recruitment process. This is a very onerous and unforgiving process.
  • The I-140 petition is the visa petition the employer files to give the foreign national immigrant status. While the I-140 petition is commonly based on the PERM Labor Certification, there are other types of I-140 petitions, such as National Interest Waivers and petitions for foreign nationals of extraordinary ability, which do not require a labor certification.
  • Based on the I-140 petition, the foreign national employee can either adjust status in the United States or can apply for an immigrant visa at a U.S. consulate abroad and become a permanent resident (green card holder).
Our team of dedicated and experienced business and employment immigration professionals provide excellent representation in all steps of the permanent residence process.

Frequently Asked Questions

How soon after hiring should a company start the PERM process?
We recommend that a company start the process as soon as possible. The process can be lengthy, and starting soon may mean that the process can be finished before needing to file nonimmigrant visa extensions, thus saving considerable costs.
I have been recruiting for the position for awhile. Can I use that recruitment effort in the PERM process?
Most likely no. The Department of Labor has strict recruitment steps that must be undertaken. Most employers do not typically recruit in the way DOL requires or in the timeframes required by the regulation, so the likelihood is you will have to rerecruit for the position.
Can family members be included in the process?
Yes. The spouse and unmarried children under 21 years of age are automatically included as "derivative beneficiaries". We can ensure that the entire family completes the process together.
How much time do HR staff have to dedicate to the permanent residence process for our foreign national talent?
Clients of Noble Vrapi find that with our assistance they spend very little time on their immigration matters. We provide a high degree of support and availability to employers and HR professionals so they can focus on running their organizations and leave the immigration hurdles to us.

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