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Can a Company apply for a PERM Labor Certification on behalf of a person who is not currently an employee?

April 26, 2017behalf Certification COMPANY Currently employee labor perm person

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Can a Company apply for a PERM Labor Certification on behalf of a person who is not currently an employee?

2 Answers

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Yes. The Labor Certification application is filed for prospective employment. You are only required to work for the employer when you obtain the green card. You do not need to work for the company-petitioner while the Company is petitioning for you. Example: Joe has a Labor Certification application filed on his behalf by Company A while he is working for Company B under his H1-B visa. Joe is only required to start working for Company A when his adjustment of status (I-485) is approved. Until then, he may work for Company B. Company C files a PERM Labor Certification application on behalf of Stephanie who is currently living in Paris and not a current employee. This is fine since Stephanie is only required to work for Company C once a green card is obtained, most likely, through consular processing. It does not matter whether Stephanie is living in the U.S. or is an employee for Company C until that time.

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Posted

Yes. The Labor Certification application is filed for prospective employment. You are only required to work for the employer when you obtain the green card. You do not need to work for the company-petitioner while the Company is petitioning for you. Example: Joe has a Labor Certification application filed on his behalf by Company A while he is working for Company B under his H1-B visa. Joe is only required to start working for Company A when his adjustment of status (I-485) is approved. Until then, he may work for Company B. Example: Company C files a PERM Labor Certification application on behalf of Stephanie who is currently living in Paris and not a current employee. This is fine since Stephanie is only required to work for Company C once a green card is obtained, most likely, through consular processing. It does not matter whether Stephanie is living in the U.S. or is an employee for Company C until that time.