Preliminary Note: The following discussion examines National Interest Waiver, other than that for foreign physicians. The nature of NIW for foreign physicians is different and requires a separate discussion.
1 Green Card through PERM, Step 1 - The PERM process
1.1 Preliminary points
1.1.1 Most commonly used process and is based upon a permanent, full-time job offer
1.1.2 Involves testing the labor market for a defined job
1.1.3 Green card is for a "future job"
1.1.4 Employment-based categories 2 and 3 (EB-2, EB-3)
1.1.5 WE MUST act honestly and in good faith
1.1.6 There are three steps: PERM, I-140, and I-485 OR consular processing
State Department has indicated that as of 11 April 2012 there are no more immigrant visas (green cards) available for China and India-born EB2 applicants. The numbers will be reset on 1 October 2012, the start of the new fiscal year. In the meantime, USCIS will continue to accept I-485 filings until the end of June based upon the Visa Bulletin that will be published in May. No action will be taken on these applications until October, but its is expected that EAD/AP's will be issued.
Many web sites are erroneously reporting that India EB-2 is current for February 2011. Please note, that is FALSE. India EB-2 is backed up to May 2006.
There was an interesting question in today's community conference call we host every other Thursday. The link to the question is here: http://forums.immigration.com/showth...onference-Call
PERM filing issue