My current position can not apply PERM through EB-2 since its minimum requirements are Bachelor Degree and 3-5 years of working experience. Can the employer start to apply the PERM through EB-2 for me now for a position (currently available) that the company is going to offer me in the next couple of years? If this future employment requires a MS degree and some other requirements- business necessity.
Yes the labor certification is an offer of future employment. Provided it is a good faith offer that they will let you fulfill when your green card is approved it should be fine. Keep in mind you would need to be qualified for the job before you began with that company.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law
2 lawyers agree
Repeat question on slightly changed facts.
Not if DOL learns that the position is not presently available and that the entire "recruitment" process will be a sham, just to certify.. you.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
3 lawyers agree
Brief answer is yes
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5 lawyers agree
Yes if the offer of employment is genuine and you are willing to accept this offer.
Attorney: Immigration Law
13295 Illinois St Ste 128
Carmel IN 46032
Ph: (317) 660-6174
Contact (317) 660-6174 for specific legal advice. Answers here are not legal advice because they are of general nature and not tailored to your specific situation. You should not act on this answer without checking with an Immigration Attorney.