In a world of quotas and backlogs for commonly used green card categories, as immigration lawyers we are often tasked with developing creative solutions for employer hiring needs. For the majority of employers seeking to sponsor employees to remain in the United States on a permanent basis, the typical path to attaining immigration benefits is through a lengthy three-step process that involves both the Department of Labor (DOL) and the U.S. Citizenship and Immigration Service (USCIS), known as Permanent Alien Labor Certification or “PERM.”
As part of this process, employers must take multiple steps to advertise for the position that they seek to sponsor to demonstrate to the DOL that there are no U.S. workers available, willing or qualified to fill the role. The PERM process is certainly a viable process for sponsorship, but it requires employer involvement throughout, is complex and yields a green card which, because of quotas in PERM categories may not be available to the sponsored employee for some time, particularly if they are from a country that has exceeded their annual allotment of green card numbers, such as India or China.
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