PERM process Does it require 2 years of experience for my EB2 PERM to be accepted?

Location: San Diego, CA

I have a PhD in Computer Science and I've been working at a medium-size Big Data company for 1.5 year. I'm on H1B visa and I'd like to apply for green card through EB2 PERM.

My employer's attorney reviewed my case and believes that my application has a very low chance of going through PERM because I have no work experience prior to my current job. The attorney believes that I should wait until I have 2 years of experience (another 6 months) before they publish the job advertisement for my position. He says my 2 years of experience by that time can be used as job experience and that he would file my application for a role that is at least 50% different from my current role.

Since I know many people in my situation whose employers have applied for their green card through EB2 PERM program right after they obtained their H1B visa, I'd like to understand why my employer's attorney says that 1. I should wait until I have 2 years of experience and 2. my job description should be changed by 50%.

The employer must attest that he has never hired anyone with less education or experience for the proffered position. While, otherwise, a viable strategy using employer experience with a substantially different position. It is often unnecessary. A sponsored employee may ask the PERM lawyer to explain his or her rational. Your employer might seek counsel of an experienced immigration attorney with successful PERM filings using an employee's Knowledge Only and no experience required.

We are very successful in preparing labor certifications and subsequent immigrant visas and green cards for employees that need special attention and require Knowledge Only without Experience. We prepare many of such petitions each year among the hundreds of those we prepare. Currently, the Department of Labor is randomly auditing about 40% of the PERM labor certification filings. Although, we cannot guarantee your filing will not be audited. Our PERM filings are seldom audited by the DOL. Maybe that is because we prepare our filings with the audit in mind as we perform all the steps along the way. Unlike, most firms who only prepare an audit file after they receive an audit notice. We can’t be sure, but maybe it’s our reputation for paying attention to all the details that result in our lack of audits.

The most common form of green card sponsorship through employment is PERM labor certification. The first employment visas to the US are usually nonimmigrant visas. Because they take less time to obtain. We have assisted thousands of people and we file hundreds of nonimmigrant and immigrant petitions every year. the green card process through employment. It consists of three steps: labor certification, immigrant petition, and green card application. You may find an article on our website helpful as well: http://www.litwinlaw.com/CM/Articles/Immigrate-Through-Employment.asp

To find out more about how Litwin & Smith can assist you with your green card through employment sponsorship please call 650 588 7100 and schedule a consultation at a time convenient to you.