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This document provides detailed information about the PERM process for employers seeking to obtain labor certification from the Department of Labor for hiring foreign nationals, covering various aspects
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How to fill out Frequently Asked Questions About PERM

01
Start by gathering all necessary information regarding the PERM process.
02
Identify common questions and concerns that applicants or employers may have about the PERM application.
03
Draft clear and concise answers to each question, ensuring they cover the key aspects of the PERM process.
04
Organize the questions in a logical order, grouping similar questions together.
05
Review the content for accuracy and clarity, making sure it aligns with current immigration policies.
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Format the FAQs in an easily readable layout, using headings and bullet points where appropriate.
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Provide contact information for further inquiries if the FAQs do not cover all concerns.

Who needs Frequently Asked Questions About PERM?

01
Employers who are planning to sponsor foreign workers through the PERM process.
02
Foreign workers seeking to understand the requirements and steps involved in obtaining a green card through PERM.
03
Immigration attorneys and consultants who assist clients with the PERM application process.
04
Human Resources personnel involved in the hiring of foreign talent.
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During the 240-day period, the employee is authorized to continue working while the petition is pending with USCIS (the petition does not need to be approved). The 240-day period starts the day following the current status end date.
The 365-day rule for PERM applications allows H-1B visa holders to extend their status in one-year increments while their PERM application is still being processed by the Department of Labor. This helps foreign workers avoid employment gaps while waiting, since PERM processing can take 18 months or more.
However, PERM applications are often denied due to errors and noncompliance with complex regulations. Learning why denials happen and what your options to overcome them are is essential to eventually achieving certification.
Under AC21 § 106, an H-1B nonimmigrant can receive H-1B status beyond the six-year maximum, in one-year increments, if 365 days or more have passed since either an application for Alien Labor Certification (Form ETA 750A-B or ETA 9089) or a petition for immigrant worker (Form I-140) has been filed on the alien's behalf
ing to DOL, the agency is currently processing PERM applications filed in November 2023. On average, DOL is adjudicating PERMs in approximately 497 days – this is over 16 months. Currently, DOL has not updated the processing time for PERM application audits.
Under this 1-year rule, you can extend your H-1B nonimmigrant status in 1-year increments while your PERM application remains pending. For example, if your PERM has been pending for two years, you may be able to get two separate 1-year extensions of your H-1B status.

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Frequently Asked Questions About PERM includes common inquiries and answers regarding the Program Electronic Review Management (PERM) process, which is a labor certification process for employers seeking to hire foreign workers in the United States.
Employers or their representatives who are seeking to obtain labor certification for foreign workers must review and understand the Frequently Asked Questions About PERM to ensure compliance with regulations and requirements.
The Frequently Asked Questions About PERM is not a form to fill out; rather, it serves as a resource for employers and individuals to understand the PERM process. However, when filling out the PERM application, specific guidelines provided in the FAQs should be adhered to.
The purpose of Frequently Asked Questions About PERM is to provide clarity and guidance on the labor certification process, addressing common concerns and outlining requirements for employers and applicants.
FAQs about PERM provide insights into the application process, eligibility criteria, recruitment steps, and obligations of employers, but they do not require formal reporting of information as they are meant for informational purposes.
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