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Can the employer apply PERM/Green Card for me based on the future employment?

Madison Heights, MI |

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.

Attorney Answers 4

  1. 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. 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. Brief answer is yes

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

  4. Yes if the offer of employment is genuine and you are willing to accept this offer.
    Lalita Haran
    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.

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