1. Encouraging organizations to begin PERM labor certification applications at latest when H-1B holders have finished the first three years
A reader asks：
I’m currently in my third year on an H-1B. My boss supports my green card application, but I’m a junior employee and haven’t been promoted yet. Our company’s policy is for managers to apply for JD Manager status. I’ve applied three times, but the immigration team rejected each application, saying it wouldn’t be approved. After some research, I think my situation is more like a YOE0, as I only have about a year of internship experience. What should I do? Should I consider changing jobs? Or should I talk to my boss again? Are there any other options? My current job is relatively stable, and my boss treats me very well. The only downside is the location. This is a rural area, and I’m feeling a bit depressed living here. I work as a model development analyst. I’m a bit unsure what to do.
Alan Lee Esq. answers:
As you are currently in your third year of H-1B, you would already have had two years of prior experience either within the company or outside. The manager can perhaps consider the company requirements for the position taking a harder look at your experience and other qualifications, or the company could perhaps consider you for a future position in which your current experience would be relevant. Your company appears to have a set procedure for beginning labor certification applications, which is commendable. You should continue to work with your manager as it does not appear hopeless at this time from the facts as you have given them. If you do decide to switch jobs, you may wish to confirm with a subsequent employer that it will start your PERM application soon since the process -from putting together job description and requirements, going through the prevailing wage determination, recruitment, and running time of labor certification applications – is currently very long. We ourselves are encouraging organizations to begin PERM labor certification applications at latest when H-1B holders have finished the first three years of the usual six-year period of time for H-1B’s, if not earlier.