Wait for PERM or not???

L

lostcanuck

New Member
Not exactly sure when PERM will be in place but my question is whether or not I should wait for PERM to come into effect or if I should file for labor cert under the current method?

I have heard that the PERM requirements are much more "canned" which might mean it will be more difficult for you to prove your case. Any thoughts?

Finally, if you change positions in your company (promoted basically), are you able to use your experience already gained wit this employer?

Thanks much.

:D
 
Apply for RIR today. Wait. If PERM will be implemented this year, you can probably convert your RIR to PERM later (advertisement must be provided again).

Unfortunately experience for current employer will not help according to published "beta" regulations. The final regulations may be published this year.
 
A known devil is better than an unknown angel.

PERM, if ever implemented, is believed to be very tough and so the probability of getting Labor petition certified thru PERM is much lesser.

Also it is better to file for RIR now so that you get an earlier priority date which will be useful for visa extensions if neccessary.
 
If you work for a large employer, you should file under RIR now. The proposed PERM regulations that were published in 2002 are almost useless for large employers. DOL wants a complete set of recruitment materials for every position i.e. 1 ad, 1 position, which makes it difficult to support a PERM application using ongong recruitment activities. Although the final regulations may fix this problem, who knows what the DOL will come out with.
 
I saw somewhere - can't find it now - that if you already applied RIR, then you CANNOT switch to PERM once PERM is in place. Can somebody verify this?
 
Not true, but then nobody has seen the final PERM regulations.

According to the draft regulations, a RIR application can be "upgraded" to PERM, but would require new recruitment that satisfies the PERM criteria. According to the my employer's immigration department, this is absurd and unworkable for large employers where hundreds of lc's are filed every few months.

My employer has protested these requirements. I am sure several other large employers must have done the same. Therefore, the final regulations may well be quite different with a sensible conversion procedure from RIR to PERM.

There are other concerns with PERM like the employer having to dumb down the job description, and having to hire & train marginally qualified US workers on the job. All told it seems that it will take quite a while for all this to be sorted out.
 
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