DOL (Department of Labor) in United States (US) is planning to officially start the PERM process on next monday (Mar 28). While it is long a waited 'phenomenal' thing for some Employment Base- Third (EB3) categories, Nurses may not have the same view.
What is PERM :
First of all, PERM is NOT a new visa Category. PERM stands for Program Electronic Review Management System. Its just a process to considerably reduce the processing time for the Labor certification (LC) task in the Employment based Immigration process.
Background :
Employment based Immigration to US is a 3 step process which includes
a) DOL determines that there are NO American nationals qualified for OR willing to work for a particular position and certifies that THE foreign national is required to be present in US to do the job. This process is called Labor Certification (LC)
b) Once DOL Certifies LC, Employer files a petition to USCIS - I 140
c) The applicant files another petition to the USCIS requesting for Permanent Resident status (Green card)
Among these 3 steps, (a) is the most time consuming one and it used to take around 3 years to get LC done. In other words, it used to take 3 years to be ELIGIBLE to apply for GC once someone decides to migrate to US for employment. PERM is meant to reduce that 3 years of processing for LC to just 3 months.
Current Situation:
Since there was huge backlog for LC processing, DOL decided to implement a new program that would expedite and streamline the LC process. This new program is called PERM. It should be noted that, PERM is only meant to reduce the processing time of the LC process. PERM has nothing to do with step (b) and step © of the immigration process. IOW, people who do not need LC or people who have already completed LC have nothing to do with PERM.
As we know, nurses belong to a SPECIAL EB3 category called 'Schedule-A' and it does NOT require LC. Meaning, USCIS already know that there are not enough American nationals available for the nursing (RN) job and henceforth they don't have anything to check and certify. IOW, Nurses do not need a Labor Certification process at all and henceforth PERM can not help nurses.
Effect of PERM on Nurses:
Though nurses do not require LC and do not benefit from PERM, it has added some extra burden to the RN immigration process. As per PERM guidelines, for ALL EB3 cases, certain forms must be submitted to USCIS irrespective of whether the applicant belongs to Schedule A category or not. One of this forms is called PREVAILING WAGE DETERMINATION. Also, a notice (about the new recruitment) must be posted for 10 days.
Before PERM, these extra things were not required (Though not required, some employers used to do that to make their application error proof). It may not be an issue for the actual applicant but may provide burden for Employer and henceforth slow down the immigration process.
The main effect :
RNs were a huge beneficiary of the Schedule A Category since RN could 'flew in to' the second floor (I 140) directly, while 'Others' were forced to take the 3 year long route to reach second floor (climbing stairs). There was no much rush in the second floor and it was a smooth journey. With the introduction of PERM, a new Lift (Elevator) will be built for 'Others' and they can also reach the second floor QUITE FAST (though they cannot fly in). Since there is no Flight/Elevator for ANYONE from second floor to third floor, in another 3 months, there will a BIG CROWD in the second floor, fighting for a ticket (VisaNumber) to reach the third floor. Severe Fight..Longer Queues..
Experts are predicting that PD dates can retrogress up to 7 years if they successfully implement PERM. Those who have ALREADY filed petition (I140) have a PD and PERM may not impact them much ('Others' can only join the queue behind them) . Unfortunately, those who have NOT filed a petition yet may have to stand in a looooooong queue at second floor and fight hard for a Visa number. The queue will be very long and will get longer in a rapid manner once they successfully implement PERM.
PERM could a blessing in disguise:
But, there is a ray of hope and its Tom Lantos Bill. If Lantos bill becomes law, then it will create another direct Lift (Elevator) from Second floor to Third floor ONLY FOR NURSES and nurses will reach their FINAL Destination while 'others' are still at the second floor queue. (As a matter of fact, this makes Lantos Bill more important. To ensure quality health care, Govt. has to find ways to bring international nurses to US in an emergency vehicle without any obstruction from 'others' since the RN shortage in US increases rapidly.)
So the bottom line is, PERM has some negative effects on nurse immigration but it can turn out to be a good thing for nurses.
But, as we all know, there is nothing much we can do here... Be 'in the know' and just wait and watch...
Disclaimer : This post is only meant to share some thoughts on PERM. Please consult an Immigration attorney for legal advice.
