Tag: Green Card

Lost Green Card: Tips to try if your Green Card does not get delivered

Blog Post about lost green card showing a mailbox

For many immigrants, the day the United States (U.S.) Postal Service delivers your green card an incredibly exciting and hard-earned one. Unfortunately, lost or undelivered green cards are more common than most people realize, especially in the mountain communities of Colorado. Whether the card was misplaced, misdelivered, or simply never arrived, a lost green card can be stressful…especially when you need it for employment verification, re-entry to the United States or proof of lawful permanent residence.

If you suspect the post office has lost your green card, this article will cover some things that you can try.

1. Confirm Your Case Status With USCIS

Before assuming the card was lost in the mail, log into your USCIS online account or check your case status using your receipt number. Look for the update that reads: “Card Was Mailed to Me.”

This update will include the mailing date and usually a USPS tracking number. If USCIS says the card was sent, proceed to tracking.

2. Track the Package Through USPS

USCIS typically mails green cards using U.S. Postal Service Priority Mail with tracking. Use the tracking number from USCIS to see where the package was last scanned.

If your card shows as delivered but you did not receive it, or if tracking stops updating, contact USPS immediately:

Keep a record of the date, time, and names of USPS staff you speak with.

3. Check for Common Delivery Issues

Before assuming the worst, double-check:

  • Your mailbox and any parcel lockers.
  • Whether someone in your household or building may have collected the mail.
  • Whether your mailing address with USCIS was correct at the time the card was mailed.
  • Whether your apartment number or unit identifier was included, which is one of the most common reasons green cards are returned or lost.

If you moved recently and did not file a timely AR-11 address change with USCIS, your card may have been mailed to your old address.

4. File a USCIS Non-Delivery of Card Inquiry (If Eligible) for the Lost Green Card

If the card was mailed but USPS tracking never shows a delivery scan, you may be able to request a replacement at no cost. File a case inquiry through the USCIS website under “Did Not Receive Card.” 90 days must usually pass between the time it was delivered and the time the inquiry is filed.

USCIS may ask for:

  • Tracking number
  • Proof of your Missing Mail search with USPS
  • Evidence that the card was never delivered

Not every case qualifies for a free replacement, but this step is essential before you pay for a new card.

5. If the Card Was Delivered but Stolen or Misdelivered: File Form I-90

If the USPS tracking shows the card as delivered, and you still cannot locate it despite a USPS investigation, you will likely need to file Form I-90, Application to Replace Permanent Resident Card, and pay the filing fee.

In these situations, USCIS treats the card as lost after delivery. Unfortunately, the agency does not usually waive the fee, even if the loss was due to a postal error.

When filing Form I-90:

  • Select the reason: “My existing card was lost, stolen, or destroyed.”
  • Upload evidence of your USPS case, police report (if applicable), and any proof that the card was misdelivered.

6. Consider Filing a Police Report

If you believe the card was stolen, file a police report. This protects you if someone attempts to use your green card for identity theft and can help support your I-90 application.

7. When to Contact an Immigration Attorney

You should speak with an immigration attorney if:

  • USCIS denies your non-delivery inquiry.
  • You moved and the card was returned to USCIS.
  • Your I-90 application is delayed or complicated by prior immigration issues.
  • You need proof of status urgently for work or travel.

An attorney can help communicate with USCIS, ensure your filings are complete, and provide strategies to maintain proof of lawful permanent residence while waiting for a replacement.

If your green card was lost in the mail, don’t panic, but act quickly. With the proper steps, you can document the loss, protect your identity, and secure a replacement as efficiently as possible.

If you need additional help, you may register for a consultation by calling 970-680-1223/+41 (0)78 248 26 28 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of December 9, 2025.

Marriage Based Green Card Interview Prep

Marriage based green card interview prep blog post showing post it notes with questions

Marriage based green card interview prep is crucial to a successful green card interview!

Applying for a marriage-based green card is an important step in building your future together in the United States; however, one of the most important parts of the process is the green card interview, where a U.S. Citizenship and Immigration Services (USCIS) officer will ask questions to confirm that your marriage is genuine.

At AVA Global, we prepare clients thoroughly for this interview so they can feel confident and ready. While no one can predict the exact questions you’ll be asked, below is a list of common sample questions that may come up during your marriage-based green card interview.

Questions About Your Relationship History

  • How and when did you meet your spouse?
  • Who introduced you, or how did you first connect?
  • Where was your first date?
  • When did your relationship become serious?
  • Who proposed, and how did it happen?

Questions About Your Wedding

  • When and where did your wedding take place?
  • How many people attended?
  • Did your families meet at the wedding?
  • Did you go on a honeymoon? If so, where?
  • Who were your bridesmaids, groomsmen, or witnesses?

Questions About Your Daily Life

  • What time does your spouse usually wake up and go to bed?
  • Who usually cooks meals, and what is their favorite dish?
  • Do you share a bank account or pay bills together?
  • What side of the bed does your spouse sleep on?
  • Do you own any pets?
  • What color is your spouse’s toothbrush?

Questions About Your Family and Friends

  • Have you met each other’s parents? When and where?
  • What holidays do you celebrate together?
  • Who are your spouse’s closest friends?
  • Have you visited your spouse’s hometown?
  • Do you have plans for children?

Questions About Your Home

  • How many bedrooms and bathrooms are in your home?
  • Who pays the rent or mortgage?
  • What color are the walls in your bedroom?
  • Do you have a television? If so, where is it located?
  • Who does the household chores?

Questions About Your Future

  • Do you and your spouse plan to buy a home?
  • Where do you see yourselves in five years?
  • Do you plan to live near family?
  • Are you saving for anything together, such as a car or a trip?

Final Tips

The key to a successful interview is honesty and consistency. The USCIS officer is looking for signs that your marriage is real, not memorized answers. Take time to review your history, daily routines, and plans with your spouse before the interview!

If you have questions or concerns on marriage based green cards, you can reach us by calling 970-680-1223/+41(0)78 248 26 28 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of September 30, 2025

Self-Reporting on the I-485: What Adjustment of Status Applicants Need to Know.

Self-Reporting on the I-485 blog post

When applying for a green card in the United States (U.S.), one of the most important steps is filing Form I-485, Application to Register Permanent Residence or Adjust Status. For many applicants, completing this form can feel overwhelming because it covers so many aspects of personal history, immigration status, and eligibility.

One area that often raises concern is the self-reporting question. This is the section where applicants must disclose past violations, arrests, or issues that may impact their eligibility.

Even if you have no criminal history, this part of the form can feel intimidating. Understanding what the government is asking, and how to answer truthfully, is critical to the success of your application.

What Is the Self-Reporting Question?

Form I-485 includes a series of inadmissibility-related questions. These ask about:

  • Past criminal conduct (arrests, charges, convictions, or citations)
  • Immigration violations (overstays, unauthorized work, misrepresentation)
  • National security or public safety concerns
  • Membership in certain organizations or participation in prohibited activities

The purpose of these questions is to give U.S. Citizenship and Immigration Services (USCIS) a complete picture of your background. In essence, the government is asking you to self-report anything in your history that might make you inadmissible to the U.S.

Why Full Disclosure Matters

It may be tempting to skip over uncomfortable details, especially if you think they are minor or unlikely to be discovered; however, failing to disclose can be far more damaging to your case than the underlying issue itself. As USCIS has extensive access to personal records such as fingerprints, background checks and prior visa applications, they may already know. Moreover, even small inaccuracies can be interpreted as fraud, which could bar you from getting a green card. Finally, honestly builds credibility and many applicants with minor past issues are still successful in adjusting status.

What If I Have Something to Report?

Not every disclosure will result in denial. USCIS considers context, severity, and whether you are eligible for a waiver of inadmissibility. Some common examples:

  • Traffic citations: Minor tickets may not affect eligibility, but they should still be reported.
  • Misdemeanor arrests: Some may trigger inadmissibility, while others may not. An immigration attorney can help you evaluate.
  • Immigration overstays: In certain circumstances, exceptions or waivers may apply.
  • Unauthorized work: This can be forgiven in certain family-based cases.

What matters most is providing a truthful account along with supporting documentation such as certified court records, dispositions, and proof of rehabilitation.

How an Immigration Attorney Can Help

The self-reporting section is one of the most high-stakes parts of Form I-485. Answering incorrectly, or without proper legal context, can delay your case or even result in denial. An experienced immigration attorney can:

  • Review your history to identify what must be reported.
  • Assess risk factors to determine if past issues make you inadmissible.
  • Prepare waivers if needed to overcome potential bars to adjustment.
  • Present your case strategically, highlighting positive factors such as family ties, employment, and community contributions.

Final Thoughts

The self-reporting question on Form I-485 is not meant to intimidate you, but it is a serious part of your green card application. By understanding what USCIS is asking, disclosing your history honestly, and seeking professional legal guidance, you can avoid unnecessary pitfalls and put your application on the strongest possible footing.

If you are concerned about how to answer these questions, or if you have a past issue you’re unsure how to report, our firm is here to help. You may register for a consultation by calling 970-680-1223/+41 (0)78 248 26 28 or scheduling an appointment online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

How do I withdraw a petition or application with USCIS?

Withdraw an immigration petition or application with USCIS blog post

How do I withdraw a petition or application with USCIS?

Sometimes, after an individual has submitted an application or petition to U.S. Citizenship and Immigration Services (USCIS), their plans change, and they want to withdraw it. If you need to withdraw an application or petition that you submitted to USCIS, then it is important to follow the correct procedures to avoid complications.

Why Would Somone Decide to Withdraw a Petition or Application with USCIS?

There are several common scenarios in which someone might decide to withdraw an application or petition. For example:

  • A petitioner decides not to sponsor a relative for a green card.
  • An applicant receives an offer they no longer wish to pursue.
  • A job offer tied to an employment-based visa is no longer valid.
  • You have decided to file in a different visa category.

Whatever the reason, withdrawing the application or petition must be done thoughtfully and carefully.

Who Can Make a Request to Withdraw a Petition or Application with USCIS?

It is important to note that only the person or entity that signed and submitted the application or petition can request a withdrawal. For example:

If your attorney or accredited representative has submitted a request on your behalf and has a valid G-28 on file, then they can also submit the request to withdraw.

How do I Request to Withdraw a Petition or Application with USCIS?

USCIS does not have a form for withdrawing most types of applications or petitions. Instead, you will typically need to write a letter that includes the following information:

  • Your full name and alien registration number (A-Number), if applicable
  • Receipt number of the petition or application you want to withdraw
  • Date of submission and the form type (e.g., I-130, I-485, I-140)
  • A clear statement requesting withdrawal of the specific application or petition
  • Signature of the person who filed the application
  • Mailing address and contact information

It is very important to send the withdrawal request to the USCIS service center or office that is currently processing your case. You can find this information on the receipt notice (Form I-797) you received when the application or petition was accepted.

Important Considerations

  • Once a withdrawal is processed, it cannot be undone. If you change your mind later, you most likely will need to refile and pay the fees again.
  • You won’t get a refund of any fees paid, even if the application is withdrawn before being processed.
  • USCIS is likely to use your records in future immigration decisions.
  • If you’re in the U.S., withdrawing an application like Form I-485 (adjustment of status) could affect your legal status, so it is of the utmost importance that you understand the immigration consequences before proceeding.

How to Confirm a Withdrawal

Once your withdrawal request has been processed, then USCIS may send you a written acknowledgment, but not always. If you don’t receive confirmation after a reasonable period (e.g., 30–60 days), you may want to contact USCIS via:

  • Online tools: Use your USCIS online account or Case Status tool.
  • Phone: Call the USCIS Contact Center at 1-800-375-5283.

Final Thoughts

Withdrawing an immigration petition or application is a serious step that can have a lasting impact on the petitioner or applicant. If you are unsure of how a withdrawal may impact your situation, then you should consult with an immigration attorney. This is especially important if you’re in the middle of a status change or other legal proceedings.

If you would like additional information on how to withdraw an immigration application or petition, you may register for a consultation by calling 970-680-1223/+41 (0)78 248 26 28 or scheduling an appointment online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

July 22, 2025

Navigating Secondary Inspection at the United States Border

Blog Post with picture of airplane with the title: Navigating Secondary Inspection at the US Border.

Traveling internationally can be stressful, especially when you arrive in the United States (U.S.) and find yourself pulled into secondary inspection by Customs and Border Protection (CBP). This process, while routine for CBP, can be intimidating, confusing, and even anxiety-inducing for travelers. At AVA Global, we want to make sure you know your rights and how to handle the situation calmly and strategically.

What Is Secondary Inspection?

When you enter the U.S., you first go through primary inspection, where CBP officers check your passport, visa, and ask general questions. Most travelers pass through this phase quickly; however, if CBP needs more information or has concerns about your travel history, documents, or responses, you may be sent to secondary inspection.

Secondary inspection is a more detailed process that can involve:

  • A thorough review of your documents
  • In-depth questioning
  • Searches of your luggage and electronic devices
  • Verification of your immigration status or prior travel
  • Biometric checks (fingerprints, photographs)

It’s important to remember that being selected for secondary inspection does not mean you did something wrong. It could be random, or due to common issues like:

  • A mismatch in records
  • A name similar to someone on a watch list
  • Frequent travel to the U.S.
  • Prior immigration violations or visa overstays
  • A need to verify employment or school enrollment

What You Should Do if You are Pulled into Secondary

1. Stay Calm and Polite

This may seem obvious, but it’s crucial. CBP officers have broad authority at the border, and becoming angry or argumentative will only make the situation worse. Answer questions truthfully and respectfully.

2. Know What You’re Carrying

CBP has the right to inspect your belongings, including phones, laptops, and other digital devices. They may request access to your social media or email accounts. While you are not legally required to provide passwords, refusing may delay your entry or cause CBP to deny admission. If you’re concerned about privacy, consider leaving your electronics at home.

3. Understand Your Rights

If you are a U.S. citizen, you cannot be denied entry to the country. However, CBP can detain you for questioning. If you’re a lawful permanent resident (green card holder) who has not abandoned residence in the U.S., you also have the right to re-enter, but may be subject to more scrutiny if you have past legal or immigration issues. Be very careful about staying outside of the country longer than six months if you are a green card holder. If you have, then we highly advise that you speak to a licensed U.S. immigration attorney before trying to re-enter.

For non-citizens, admission to the U.S. is discretionary. However, you still have the right to:

  • Request an interpreter if needed
  • Remain silent if you’re unsure how to answer
  • Ask for an attorney if you’re being detained for removal proceedings (though you’re not entitled to legal representation during routine inspections)

4. Don’t Sign Anything You Don’t Understand

If CBP believes you are inadmissible, they may offer you the option to withdraw your application for entry. This is a serious decision with long-term consequences. Do not sign any documents without understanding their impact or speaking with a lawyer.

5. Contact an Immigration Attorney Immediately

If you’re placed in expedited removal or deferred inspection, or if your visa is cancelled, contact an immigration attorney as soon as possible. Having legal guidance can make a significant difference in protecting your rights and addressing any misunderstandings.

6. Document Your Experience

As soon as you’re able, write down everything you remember about the inspection process, including:

  • The names or badge numbers of officers
  • The questions asked
  • Any documents you signed
  • How long you were held

This information can help your attorney evaluate the situation if legal action or follow-up is necessary.

Final Thoughts

Secondary inspection can be nerve-wracking, but knowing what to expect and how to respond can make a major difference. At AVA Global, we’re here to help you navigate any immigration challenges with clarity and confidence. If you’ve had a difficult experience with CBP or are facing immigration issues, contact us for a consultation today. You may register for a consultation by calling 970-680-1223/+41 (0)78 248 26 28 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of May 7, 2025

601 Waiver of Inadmissibility

Couple on couch reading with 601 Waiver if Inadmissibility over their head.

If you are trying to adjust your status and have been found or are likely to be found inadmissible, then you may need a 601 waiver. Form I-601 is an “Application for Waiver of Grounds of Inadmissibility.” This is critical for foreign nationals who might otherwise be barred from entering or staying in the United States (U.S.) due to certain immigration violations, such as misrepresentation unlawful presence.

What is a 601 Waiver?

A 601 Waiver is an application that allows individuals who have been found inadmissible to the U.S. to seek forgiveness for their immigration violations under specific circumstances. The waiver doesn’t remove the violation; rather, it gives the person a chance to prove that they should be allowed to remain or return to the U.S. based on hardship that would be experienced by their U.S. citizen or lawful permanent resident family members.

This waiver is typically used when someone is inadmissible due to:

  • Unlawful presence (being in the U.S. without legal status for a period exceeding the allowed stay).
  • Fraud or misrepresentation (providing false information on immigration forms).
  • Criminal convictions (certain criminal offenses that can make someone inadmissible).

The purpose of the 601 Waiver is to allow for forgiveness, ensuring that applicants can stay with their families in the U.S. if their removal would cause extreme hardship to their loved ones, often U.S. citizens or green card holders.

Qualifying Relative and Hardship

Not everyone who has a violation or is facing deportation is eligible for a 601 Waiver. The eligibility criteria is specific and requires that the applicant demonstrate certain conditions:

  1. Qualifying Family Member: The waiver can be granted only if the applicant can prove that their removal from the U.S. would result in extreme hardship to a qualifying family member, such as a spouse or parent who is a U.S. citizen or lawful permanent resident. The hardship must go beyond the usual difficulties families face when separated.
  2. Evidence of Hardship: Applicants must provide clear evidence of the hardship that their family members would face if forced to leave. They should also provide evidence of the hardship their qualifying family member would face if they had to accompany them to the foreign national’s home country. This can include financial, emotional, medical, and psychological factors that would make the family member’s life significantly more difficult without the applicant’s presence.

How to Apply for a 601 Waiver

The process for applying for a 601 Waiver is lengthy and involves multiple steps. First, applicants must submit Form I-601 to the U.S. Citizenship and Immigration Services (USCIS), along with the appropriate supporting documentation.

  1. Documenting Hardship: One of the most critical parts of the application is proving the hardship that your U.S. citizen or lawful permanent resident family members would face if the waiver is not granted. This can include medical records, financial documents, and testimonies from medical professionals, family members, or others familiar with the situation.
  2. Review and Decision: Once the application is submitted, USCIS will review the request and decide whether to approve or deny the waiver. Processing times can vary widely, and it’s not uncommon for the process to take several months or even years.

Importance of Legal Representation

The 601 Waiver process can be complicated and overwhelming, especially for applicants who may already be dealing with the emotional toll of family separation. Having an experienced immigration attorney can make a significant difference in the likelihood of success. Legal professionals can help applicants understand the specific requirements, gather the necessary documentation, and navigate the often confusing process to maximize the chances of approval.

If you would like to know more information about whether you should apply for a waiver, our experienced immigration law team is here to assist. You may register for a consultation by calling 970-680-1223 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of February 11, 2025

Form I-751 – How to Remove Green Card Conditions

Telephone with alarm reminding to remove Green Card Conditions by filing Form I-751

If you have recently gotten married and applied for a green card based upon your marriage, then you most likely have received a conditional green card. Conditional green cards are valid for two years. In order to remove your conditions, you must file Form I-751, Petition to Remove Conditions on Residence BEFORE your conditional green card expires. In this article, we will explain how to successfully navigate the removal of conditions process on marriage-based green cards.

Form I-751 – What is it?

Conditions are typically imposed on individuals who apply for a green card based upon their marriage but were actually married for less than two years when the green card was approved. Foreign nationals who have recently gotten married and applied for a green card based upon that marriage will need to apply to remove their conditions by using Form I-751. If you have been issued a conditional green card, but do not file Form I-751 then you could lose your green card status and end up in deportation proceedings; therefore, it is imperative to file Form I-751 on time.

Form I-751 Timeline

You should file Form I-751 during the 90-day window before the expiration of your conditional green card. If you file your application too early or too late, then complications can arise, so it is important to carefully track the appropriate window of time for filing.

It is important to note that if you miss the deadline, then you can still file Form I-751; however, you should add an additional explanation and submit evidence explaining why you missed the deadline. As late submissions are subject to additional scrutiny, we highly recommend avoiding late filing if you can.

Who Should File Form I-751?

Usually, Form I-751 is filed jointly by both you and your spouse; however, there are exceptions to the joint filing requirement in cases where:

  • Your spouse has passed away.
  • The marriage has ended in divorce.
  • You or your child were subjected to abuse by your spouse.
  • Termination of your status would result in extreme hardship.

If you’re filing under one of these exceptions, then you can request a waiver of the joint filing requirement.

Evidence Required for Form I-751

When you file Form I-751, it is important that you include supporting documentation to prove that your marriage was bona fide and entered into in good faith rather than for immigration purposes. Some samples of documentation we typically recommend to be included:

  • Joint bank account statements
  • Mortgage or lease agreements with both names
  • Insurance policies (health, car, life, homeowners, renters, etc.) listing both spouses
  • Birth certificates of children born into the marriage
  • Photographs from family events and trips
  • Affidavits from friends and family attesting to the authenticity of the marriage

If you are filing with a waiver, then you will need to provide additional evidence that supports your situation. For example, a death certificate, divorce decree, or documentation of abuse.

Filing Form I-751 to remove conditions from your green card is a critical step toward securing your permanent residency. While the process can seem daunting, understanding the requirements and being well-prepared can make it much more manageable. If you encounter any challenges or have concerns about your case, consulting an experienced immigration attorney can provide valuable guidance and peace of mind.

At AVA Global, we have helped numerous clients file Form I-751 to remove their conditions. If you would like to discuss removing the conditions on your green card, our experienced immigration law team is here to assist. You may register for a consultation by calling 970-680-1223 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of January 16, 2025

Understanding Employment Green Cards and the PERM Process

The PERM process is essential for employers sponsoring foreign workers for green cards, ensuring no negative impact on U.S. labor. It involves job description, wage determination, recruitment, and DOL review.

WOMEN ASKING WHAT PERM IS

The Program Electronic Review Management (PERM) process is a crucial step in employment-based immigration in the United States. It is the first stage for many employers seeking to sponsor foreign nationals for a green card under employment-based preferences such as EB2 and EB3. In this article, we provide a clear and concise guide to help employers and employees navigate this process effectively.

What Is the PERM Process?

The PERM process is managed by the U.S. Department of Labor (DOL) and is designed to ensure that hiring a foreign worker will not negatively impact the job opportunities, wages, or working conditions of U.S. workers. Before an employer can file an employment-based green card petition for a foreign worker, they must first obtain a labor certification through PERM.

The PERM process involves a detailed evaluation of the job market to confirm that no qualified U.S. workers are available to fill the job and that employing a foreign worker will not adversely affect U.S. workers’ wages or working conditions.

Steps in the PERM Process

1. Job Description and Requirements

The employer must create a detailed job description that includes the duties, minimum education, experience, and special skills required. It’s critical that these requirements are bona fide and related to the job’s necessities rather than tailored to a specific individual.

2. Prevailing Wage Determination (PWD)

The employer must request a Prevailing Wage Determination from the DOL. This determines the minimum wage the employer must offer for the position, based on the job location and requirements. Employers must ensure they’re prepared to pay at least the prevailing wage to the foreign worker.

3. Recruitment Efforts

One of the most significant parts of the PERM process is demonstrating that there are no qualified U.S. workers available for the position. The employer must undertake extensive recruitment efforts, which typically include:

  • Posting the job with the state workforce agency.
  • Advertising the position in at least two Sunday editions of a widely circulated newspaper.
  • Utilizing additional recruitment methods, such as job fairs, online job boards, or professional organization advertisements, for professional positions.

The recruitment must be conducted in good faith, with the employer evaluating all applicants and documenting why U.S. workers were not suitable.

4. Filing the ETA Form 9089

Once recruitment efforts are completed and no qualified U.S. workers are found, the employer files the ETA Form 9089 with the DOL. This form documents the job requirements, recruitment steps, and reasons for rejecting U.S. applicants.

5. DOL Review and Decision

The DOL reviews the ETA Form 9089 and may conduct audits to verify compliance with PERM requirements. Audits can be random or triggered by certain factors in the application, such as unusually restrictive job requirements. Employers must respond promptly to any audit requests.

If the DOL approves the application, the employer receives a certified labor certification. If denied, the employer can request reconsideration or appeal the decision.

Important Considerations

Timelines

The PERM process can take several months to over a year, depending on factors like prevailing wage processing times, recruitment duration, and potential audits. Employers should plan their hiring timelines accordingly.

Compliance

Strict compliance with DOL regulations is essential to avoid denials or audits. Employers must maintain detailed records of recruitment efforts, applicant evaluations, and reasons for rejecting U.S. workers.

Why Is the PERM Process Important?

The PERM process plays a critical role in balancing the needs of U.S. employers and the domestic labor market. It allows employers to address genuine labor shortages while protecting the interests of U.S. workers. For foreign workers, it is often the first step toward securing permanent residency and building a long-term career in the U.S.

While the PERM process may seem daunting, understanding its requirements and following a structured approach can help ensure success. Both employers and employees benefit from meticulous preparation, transparent communication, and adherence to regulatory guidelines. Whether you’re navigating the process for the first time or seeking to refine your approach, staying informed is key to making the PERM process a smooth and rewarding experience.

If you are an employer or an employee who would like to know more about employment based green cards and PERM, our experienced immigration law team is here to assist. You may register for a consultation by calling 970-680-1223 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of December 13, 2024