Sweta Khandelwal Law Segment on Perm Process

Overview of Perm Process, a Mandatory First Step for All Eb-2 and Eb-3 Employment-Based Green Cards.


Video Transcript

Welcome viewers to the ligand segment of Sitaarre TV, this is Sweta Khandelwal, an attorney practicing immigration and nationality law in Santa Clara. So far we have spoken about the different ways in which a person can obtain a green card either through family or employment. We have reviewed the requirements for each, today I will speak about a part of the green card process essentially because I receive many calls from people who are anxious for correct answers. I shall briefly touch the perm process, the first step that is mandatory for all EB-2 and EB-3 employment-based green cards. I will not go into the details or complexities of the law where I will touch upon the current trends and how can one possibly avoid a perm denial. Most of us familiar with the EB-2 or EB-3 process would understand how important the perm is to your green card petition. For attorneys, it is also the most challenging and complex part of the immigration practice. Errors in the perm are fatal and cost the employer and employee. In many cases, if the perm was initiated closer to the expiration of the six years on H-1b and the perm is denied, the employee will have no option but to return to his or her home country. Currently, it is taking about three to four months for perms to get approved. An important thing to remember is that almost one-third of the perms filed with the Department of Labor is being selected for an audit, which loosely translated means that they are being scrutinized very closely. The best that can happen if your perm is being audited is that it can get approved in about a year, the worst that can happen is that the perm is denied after a year. A denial again may leave you with little options other than leaving the country depending upon how much time you have on your H1 visa. So is there anything that the employee can do to ensure that the perms are being approved, unfortunately, the process is driven by the employer and the employee has little role to play, however, the employee can ensure that an attorney responsible for filing the perm is experienced and seasoned in this area. There are new decisions being issued every month that may impact the outcome of your case, it is important that the attorney is on top of the law, is experienced and familiar with this area of immigration practice. I hope you found the session information and useful if you have any comments thoughts or suggestions feel free to send me an email at sweta@khandelwalaw.com, see you next week.