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Joel Stewart on PERM Labor Certification

3rd Preference Available in July!

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What this means is that persons who have PERM cases approved (and who are not eligible for 2nd preference) or who can apply under Schedule A on the DOl list of preferred occupations (Nurses, Physical Therapists, & Exceptional Aliens) can apply for residency (Adjustment of Status) at the same time that the I-140 Petition is filed by the Employer. To file in July, these persons must be qualified. The word "qualified" has two meanings. First, qualified persons are those who have the experience or education required to perform the job duties. Second, qualified persons are those who do not have a legal impediment to apply for a green card, like criminal convictions, prior immigration violations, and unusual political behavior.

If a person has these qualifications, he or she can apply for residency during the month of July 2007, because the 3rd preference category will not be backlogged. To take advantage of this opportunity, the applicant must file an I-140 Petition and and I-485 Adjustment Application. The Petition and Application must be signed, include the filing fee, and be accompanied by the necessary documents. All these requirements are described on the Instructions with the Petitions and can be downloaded from the government site

With this type of simultaneous filing, the applicant can request a work permit and a travel permit. However, only those who have not been illegal for more than 180 days can request a travel permit, because if they leave the country, they cannot come back for 3-10 years.

Finally, there is the possibility to substitute a new alien in the process of another. This law will end on July 16, 2007, however, for the next several weeks, a sponsor (employer) can submit a new alien in the process instead of the former alien, who is no longer available. The new alien must have all the qualifications held by the former to qualify for the job opportunity.

The opportunity to file for permanent residency in July will benefit more than 100,000 aliens who received PERM approvals since 2005 but could not apply for residency due to backlogs in visa availability!

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