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Can I Change Jobs After PERM Approval?
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David H. Nachman, Esq., Michael Phulwani, Esq. and Ludka Zimovcak, Esq.
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For most seeking
employment-based green cards
, having their employer pursue PERM Labor Certification is the first step
in the process. The PERM process involves a series of requirements the
employer must complete, such as a recruitment process and obtaining the
prevailing wage determination. PERM is in place to help prevent employers
from taking advantage of the immigration system, seeking foreign labor that
would be willing to work for lower wages and preventing other American
workers from securing gainful employment. PERM is a lot of work for the
employer and can take a substantial amount of time to complete. During that
time, the foreign worker may find another job that may be better suited to
them. The question then arises as to whether or not he or she may switch
prospective jobs either during the PERM process or after PERM approval.
Can I Change Jobs During PERM or After PERM Approval?
You may always have the option to change jobs. This means you can change
jobs during PERM or after PERM. However, know that, in the vast majority of
cases, changing jobs means going through the PERM process all over again. A
new job means new PERM. If the employer wants to find a new foreign worker
to take the job position, the original employer may not need to go through
the PERM process again.
If you want to change jobs during PERM or after PERM approval, your
original employer will most likely withdraw the PERM request as soon as you
pursue another job. Your new prospective employer will have to start the
PERM labor certification process from its beginning. PERM certification is
not related to a specific employee. It is tied to a specific job. That is
why a new job will almost always require new PERM certification.
Having your employer file the I-140 immigration petition is the second step
in the process and happens once PERM labor certification has been approved.
Changing jobs at this step in the process will almost always require your
new employer to file a new PERM and then a new I-140 petition. One of the
big exceptions to this is if the new employer company is a successor in
interest to the original employer company.
This involves an understanding and analysis of mergers and acquisitions
laws. Another exception involves the American Competitiveness in the Twenty
First Century Act (AC-21). If the foreign worker fulfills the mobility
requirements under Section 106 of the American Competitiveness in the
Twenty First Century Act (AC-21), then the new employer will not need to
file a new I-140 petition. Rather, they can move to a new place of
employment upon the passing of 180 days after the filing of the adjustment
of status (I-485) application.
Immigration Law Attorneys
If you are an employer looking to go through the PERM process or you are a
foreign worker trying to find out how to obtain an employment-based green
card, consult with the dedicated immigration attorneys at Nachman,
Phulwani, Zimovcak Law Group, P.C. Immigration laws are complex and
specific. We will not only answer any questions you may have, but we will
walk you through every step of the process. Contact us today.
About The Author<br/>
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<b>Nachman, Phulwani, Zimovcak (NPZ) Law Group, P.C.</b> At NPZ Law Group, we are business immigration lawyers who understand that success in today’s global marketplace requires a skilled and mobile workforce. We provide our business clients with the legal assistance they require in immigration matters to help them meet their business goals while complying with applicable immigration laws and regulations. We invite you to visit us on the web at www.visaserve.com or to email us at email@example.com or to call us at 201.670.0006 for a consultation.
If you should have any questions or need more information about the ways in
which the U.S. Immigration and Nationality Laws may impact you, your
family, your friends or your colleagues, please contact the U.S.
Immigration and Nationality Lawyers at the NPZ Law Group – VISASERVE – U.S.
Immigration and Nationality Lawyers by e-mailing us at firstname.lastname@example.org
or by calling us at 201-670-0006 (x107). You can also visit our Law Firm’s
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