My first PERM Application (2015)
The first PERM Application I filed was in June 2015. The Department of Labor had just set up the online PERM Application site and which one of my clients was going to be the guinea pig? The client who finally insisted that I stop “waiting for more examples from others who had tried the new process” happened to be from India and filing under the EB3 category. He insisted that I file the PERM Application despite my initial nervousness about hitting the “submit” button. (I still get nervous about hitting that button.)
As I recall, his PERM Application was immediately denied (or denied shortly thereafter). However, the U.S. Department of Labor found that there were “logic errors” and re-ran all the PERM Applications which had been denied since they implemented the program. My first PERM Application filed on behalf of this talented client was then “certified”.
It was also during that period of time when the EB3 category was current for India and so, my client was able to file both the Form I-140 petition and the Form I-485 adjustment of status application. Unfortunately, after he filed the Form I-485, the priority dates for India started to retrogress.
In March 2017 (almost 12 years later), we finally received a Request for Evidence from the USCIS requesting for evidence that my client was still employed with the same employer or if he had “ported” to another employer. In the meantime, my client had fallen in love with and married a citizen of Canada. By March 2017, my client had decided to move to Canada with his wife and two beautiful daughters.
My client was able to work in the United States legally throughout the time that he was here and the United States was able to benefit from his considerable talents throughout the period that he was a nonimmigrant; but I can’t help but feel a little sad that after all this time, he never realized his dream of becoming a permanent resident (and perhaps even a citizen) of the United States.
The PERM Application process is often the only employment based immigration option available to many foreign nationals hoping to stay in the United States.