US PERM Suspension: The halt in the labour certification process for eight US companies, including Microsoft and Adobe, has created difficulties for Indian professionals seeking employment-based green cards. For workers whose permanent residency applications rely on PERM, this disruption could impact a crucial phase of their immigration journey.
They may now need to reconsider their employment and long-term plans in the country. PERM is a process by the US Department of Labour that certifies that hiring a foreign worker for a job meets labour market requirements. When an employer fails to proceed with this process, the employee’s green card application may be put on hold.
However, the suspension of PERM does not automatically revoke the employee’s current visa or block all paths to permanent residency. Workers affected by the PERM suspension may consider moving to another sponsoring employer, exploring green card categories that don’t require a PERM, or transferring to one of their company’s international offices. Let’s explore these options.
Transfer to Another Company
- One option is to transfer to an employer who can assist with a new green card application.
- H-1B workers can change employers under generally applicable portability rules, provided the new employer files the necessary petition and meets other conditions.
- The existing PERM application does not automatically proceed with the employee.
- If labour certification is not complete, the new employer will typically have to initiate its own PERM process.
An employee’s previous immigration history may still be useful. If the previous employer approved Form I-140, the employee can generally retain their previous priority date for the next employment application, unless certain exceptions apply. This date determines their place in the green card queue.
Green Card Categories Without PERM
Some professionals may be eligible for employment-based immigration categories that do not require a PERM labour certification. Under the EB-1A “Extraordinary Ability” category, workers can apply independently without employer sponsorship or a job offer. Applicants must demonstrate consistent recognition and respect nationally or internationally and meet the required evidence requirements. Strong technical skills alone are not enough; evidence of recognised achievements and significant contributions may also be required.
The EB-2 National Interest Waiver (NIW) is another promising option. This allows applicants to waive job offer and labour certification requirements if their proposed work has significant national significance and is well-positioned to pursue it. Technology professionals working in artificial intelligence, cybersecurity, or advanced computing may consider this path based on their work and proven credentials.
Transferring Abroad
Employees of multinational technology companies may consider relocating to international offices in countries such as India or Canada while remaining with the same corporate group. After working for a foreign company for at least one year, an employee can transfer to the United States using the L-1 intra-company transfer visa.
The L-1A visa is for managers and senior executives, while the L-1B visa is for employees with specialised knowledge. However, simply working abroad does not guarantee a return to the United States; for that, your previous job, your role, and the position you get in America must comply with all immigration rules.
