Most Frequently asked questions about the Nanny PERM process
1) What needs to be done for an application for labor certification to be approved under PERM for Nanny Positions?
An Employer must do 6 things:
a) Offer a non citizen a “permanent” job effective no later than the date the non citizen becomes a permanent resident.
b) Request a prevailing wage determination (PWD) from U.S. Department of Labor (DOL). Typically, it takes about 4 months for the DOL to issue a prevailing wage.
c) Endeavor in good faith to recruit a U.S. worker to fill the job offered to the noncitizen by conducting the following recruitment activities:
c.1 Place a notice describing the job in detail, including the offered wage, for 10 consecutive business days at the place the noncitizen will work (hereinafter “Job Posting).
c.2 Advertise two times (2x) at a major newspaper (Sunday edition).
c.3 Place a job order with the State Workforce Agency (SWA) for a minimum of 30 days. In the State of California, the SWA is Caljobs.
d) Prepare a written statement explaining why any U.S. worker who applied (if any) for the job was rejected only for lawful job related reasons.
e) File the application with the ETA Application Center.
f) The employer may be required to respond to further requests for documentation of his recruitment efforts to the Certifying Officer.
The above will take approximately 3 -4 months from the time we receive the completed questionnaires from you and your prospective employee.
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2) Can a labor certification be filed before the PWD is issued?
No. PWD must be issued before we can file the labor certification. Therefore, if time is of the essence, then we file the PWD first, then conduct the recruitment immediately thereafter based on the highest wage possible for the Nanny. When the PWD is issued, we can file the labor certification immediately. By doing the recruitment at level 4 for Nanny position, there is no need to wait for the PWD to be issued. Normally, for all other positions, we must wait for the PWD before conducting recruitment since the wage for a computer programmer for example could be 80,000 for level 1 and 150,000 for level 4. For Nanny positions, the difference is between $13 to $16. If the employer decides to take this route, then the employer will be able to file the labor certification approximately 4 months after filing of PWD. This saves about 4 -5 months from the entire processing time.
3) How long from the time the application is filed until it is certified?
Typically, it takes about 6 months after filing labor certification to receive an approval on the labor certification. However, it could go faster or slower depending on the backlog and depending on the fact situation. In addition, the officer may issue an “audit” to determine the employer’s evidence of recruitment and other information. (Audits are computer generated and also there are requirements which can trigger an audit). We can discuss your case to strategy to minimize audits. If an “audit” is issued, then it typically takes an additional 6 months to receive approval on the PERM.
4) After the PERM is approved, then what is the next step in the process and how long does it take to get it approved?
After the labor certification is approved, we then file the immigrant petition (Part 2 of green card process). Currently, premium processing is available to file immigrant petition, so we can get approval from USCIS within 15 days of filing. If a RFE (Request For Evidence) is issued, then the process will take perhaps additional 1 month.
5) After the immigrant petition is approved, then what is the final step in the process and how long does it take to get it approved?
The final step in the green card process is to file for adjustment of status (if the alien is in the U.S.) or immigrant visa (if the alien is overseas). However, currently there is a backlog and we would not be able to file the adjustment of status immediately. Please refer to the latest Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
Please see page 4 of the April Visa Bulletin – the table “Employment Based,” “Other Workers.” Then, please refer to “All Chargeability Areas Except Those Listed,” which shows a date of January 1, 2017. Therefore, only those alien who have priority date earlier than January 1, 2017 is eligible to file adjustment of status. This date changes every month. A few months ago, it was “Current,” and therefore, if the alien had received approvals on the labor certification and immigrant petition, then he/she could have immediately filed for adjustment of status at that time. This date changes every month and could move faster or slower depending on the backlog.
6) Therefore, how long will the entire process take?
The labor certification portion will take about 5 months to file (1 month to prepare all relevant documentation + 4 months to file and receive results of PWD), 6 months for the approval and 1 month to get the immigrant petition approved and perhaps another 1 year before we can file the adjustment of status. As of few months ago, prior to the retrogression the entire process would have taken about 1 year or less. Recently, the visa number has retrogressed so that it will take about 2 – 2 ½ year based upon current retrogression. However, in our experience, the visa date can become current again very quickly and changes from month to month and year to year. After filing for the adjustment of status to it typically takes about 8 months to receive approval on it and to receive the green card.
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