I.        Free Evaluation

1.        Initial Evaluation
a.        Complete the PERM Labor Certification Evaluation Questionnaire;
b.        E-mail the above Questionnaire and resume to Attorney for a free evaluation; and
c.        Attorney e-mails an evaluation of the case.

2.        Follow-Up Communications
a.        Send follow-up questions to Attorney via e-mail or phone; and
b.        Attorney answers follow-up questions and makes necessary clarifications.

II.        Establishing Attorney-Client Relationship

1.        Obtain the Attorney-Client Agreement (“Agreement”)
a.        If you are interested in retaining Attorney to handle your case, notify the Attorney to get an Agreement;
b.        Attorney e-mails you an Agreement; and
c.        Review the Agreement and ask any questions arising from the Agreement.

2.        Important Things You Need to Know Before Signing the Agreement
a.        Whether your employer will sponsor and pay for your PERM Labor Certification Application;
b.        The specific services covered by the agreement;
c.        Whether the legal services listed include answering audits;
d.        Whether extra fees will be charged for a service you need but is not listed in the Agreement;
e.        Whether you fully understand what Attorney has explained to you regarding the chance and the risk your case bears; and
f.        If necessary, revisit the previous communications you had with Attorney and make sure each of your concerns is clarified.

3.        Sign the Agreement and Pay the Initial Legal Fee
a.        Sign the Agreement by an authorized representative of the employer; and
b.        Mail the signed agreement along with a check payment of the initial legal fee.

4.        Attorney-Client Relationship
a.        Attorney receives the Agreement and payment of the initial legal fee;
b.        Attorney signs the Agreement and the attorney-client relationship is established;
c.        Both the employer and the beneficiary are clients;
d.        Attorney mails a photocopy of the signed Agreement to the beneficiary; and
e.        Under Attorney-Client relationship, Attorney is bound by professional rules and other pertinent laws, and owes a fiduciary duty to client.

III.        Processing the Case

1.        Draft Job Description
a.        Attorney e-mails a set of Questionnaires to the employer and beneficiary;
b.        Employer and beneficiary complete and e-mail the Questionnaire to the Attorney;
c.        Attorney drafts the job description and design the qualifications according to the information provided; and
d.        Attorney will work with the employer and the beneficiary to revise the job description and qualification requirements; and
e.        This step will take approximately 2 weeks.

2.        Obtain Prevailing Wage
a.        Once the job description is finalized, Attorney will submit the necessary information to obtain a prevailing wage determination from the State Workforce Agency; and
b.        This step will take approximately 2-3 weeks.

3.        Place Advertisements
a.        Attorney proposes an advertising schedule for the employer’s review and approval;
b.        Attorney e-mails sample documents and instructions on the recruitment and interview process;
c.        Attorney arranges for newspaper advertisement upon the employer’s consent and e-mail a quote to the employer for authorization and payment information;
d.        Employer reviews and fax or e-mail the completed payment information for the newspaper advertisement;
e.        Attorney assists employer to arrange for other applicable advertisement steps according to the advertising schedule, including State Job Order, internal posting, and other applicable
advertisements;
f.        Employer provides the supporting documents as evidence of recruitment activities to Attorney as requested upon completion of advertisement; and
g.       This step will take approximately 2-3 months.

4.        Conduct Interviews  
a.        After completion of advertisements, employer must wait at least 30 days for responses to the advertisements;
b.        Employer designates a company representative to review and screen applications;
c.        If necessary, the representative will conduct interviews for qualified applicants following guidelines sent by the Attorney and keep record of the screening and interview process;
d.        Employer or beneficiary may send questions to Attorney via e-mail or telephone regarding the interview process; and
e.        This step will take approximately 1-2 months.

5.        Filing PERM Labor Certification
a.        Employer registers on the PERM online filing system and assigns a sub-account to the Attorney;
b.        Attorney drafts a recruitment report based on the information collected from the employer;
c.        Attorney completes an online PERM application and provides a copy to the employer and the beneficiary for review before filing;
d.        Attorney files the PERM application upon approval from the employer and the beneficiary; and
e.        This step will take approximately 2 weeks, depending on employer’s cooperation.

IV.        After PERM Labor Certification is Filed

1.        Employer receives e-mail notification from Department of Labor (“DOL”) to complete online questionnaire within 7 calendar days to verify sponsorship of beneficiary;

2.        Employer completes the online questionnaire.  Failure to complete the questionnaire on time may delay or lead to a denial of the PERM Labor Certification;

3.        Attorney receives e-mail from the DOL confirming the PERM Labor Certification has been received and submitted for processing;

4.        If DOL agrees that the employer conducted the required recruitment and found no qualified and available U.S. workers for the position, the PERM will be certified within 45-60 days;

5.        Attorney receives the certified PERM and notify the employer and beneficiary;

6.        The employer mails the payment due for the legal fees upon certification (approval);

7.        Attorney explains the I-140 process and mails the certified PERM to employer and beneficiary; and

8.        Beneficiary notifies Attorney if he or she wishes to proceed with I-140, I-485, or both.  If so, Attorney will e-mail a set of documents and relevant information.

V.        Audit

1.        If the DOL chooses to audit the petition, there is a 30-day period to respond; and

2.        Attorney will request additional documents from employer, if necessary, and respond as appropriate.

VI.        After PERM Labor Certification

1.        I-140 Immigrant Petition
a.        After PERM is certified, the next step is filing the I-140 to show the employer’s ability to pay the prevailing wage and evidence that the beneficiary possesses the required qualifications for the position; and
b.        Premium Processing.  This is an expedited service of 15-calendar day processing for the I-140 for $1,000 filing fee.  Please ask the Attorney whether this service is available at the time of filing.

2.        I-485 Adjustment of Status Application
a.        Applicant (PERM beneficiary) and family members file I-485 when visa numbers are available; and
b.        Applicant (PERM beneficiary) may be eligible to concurrently file I-140 and I-485 if visa numbers are current.

* You may click here to download the PERM Procedure Flowchart in PDF format.

I.        Free Evaluation

1.        Initial Evaluation

a.        Complete the H-1B Petition Initial Evaluation Questionnaire;
b.        E-mail the completed Questionnaire and resume to evaluation@niwus.com for a free evaluation; and
c.        Attorney reviews resume and e-mails back an evaluation of the case.

2.        Follow-Up Communications

a.        Send follow-up questions to Attorney via e-mail or phone;
b.        Notify Attorney if you will also be filing H-4 petitions for your dependents; and
c.        Attorney answers follow-up questions and makes necessary clarifications.

II.        Establishing Attorney-Client Relationship

1.        Obtain the Attorney-Client Agreement (“Agreement”)

a.        If you are interested in retaining Attorney to handle your case, notify Attorney to obtain an Agreement;
b.        Attorney e-mails you an Agreement and a Client Record Form; and
c.        Review the Agreement and ask any questions arising from the Agreement.

2.        Important Things You Need to Know Before Signing the Agreement

a.        Whether your Employer will sponsor and pay for the mandatory U.S. Worker Training Fee and, depending on your offered wage, the fraud investigation fee, filing fee, and attorney’s fee for your H-1B Petition;
b.        The specific services covered by the agreement;
c.        Whether the legal services listed include answering Request for Evidence (RFE);
d.        Whether extra fees will be charged for a service you need but is not listed in the Agreement;
e.        Whether you fully understand what Attorney has explained to you regarding the chance and the risk your case bears; and
f.        If necessary, revisit the previous communications you had with Attorney and make sure each of your concerns is clarified.

3.        Sign the Agreement and Pay the Initial Legal Fee and Filing Fee

a.        Sign the Agreement by an authorized representative of the Employer; and
b.        Mail the signed agreement, Client Record Form, and a check payment of initial fees.

4.        Attorney-Client Relationship

a.        Attorney receives the Agreement and payment of the initial legal fee;
b.        Attorney signs the Agreement and the attorney-client relationship is established;
c.        Both the Employer and the Beneficiary are clients;
d.        Attorney mails a photocopy of the signed Agreement to the Beneficiary; and
e.        Under Attorney-Client relationship, Attorney is bound by professional rules and other pertinent laws, and owes a fiduciary duty to client.

III.        Processing the Case

1.        Draft Job Description

a.        Attorney e-mails Questionnaire and instructions to Employer and Beneficiary;
b.        Employer and Beneficiary complete and e-mail the Questionnaire to Attorney;
c.        Attorney drafts the job description and designs the qualifications according to the information provided; and
d.        Attorney will work with Employer and Beneficiary to revise the job description and qualification requirements.

2.        Obtain Prevailing Wage

a.        Once the job description is finalized, Attorney obtains a prevailing wage from the Department of Labor (“DOL”) for the proper position and skill level.

3.        Comply with Posting Requirement

a.        Attorney prepares and e-mails a draft Notice of Filing and Certification of Posting to Employer;
b.        Employer reviews Notice of Filing and makes modifications if necessary;
c.        Employer posts Notice of Filing at the place of employment for 10 consecutive business days; and
d.        Employer completes the posting requirement and signs the Certification of Posting.

4.        Labor Condition Application

a.        Employer notifies Attorney that the Notice of Filing is posted;
b.        Attorney prepares and submits the Labor Condition Application (“LCA”);
c.        DOL may take 7 business days to certify LCAs (without FEIN verification issues). Employers may choose to pre-verify FEIN with DOL to avoid unnecessary delays and erroneous LCA denials.

5.        Supporting Documents

a.        Attorney prepares the necessary USCIS forms;
b.        Attorney prepares a draft model petition letter for the Employer;
c.        Attorney e-mails the above documents to Employer for review;
d.        Employer makes modifications as necessary after consulting with Attorney; and
e.        Employer reviews and signs the USCIS forms, the LCA, the petition letter, and the Certification of Posting.

6.        Return of Documents

a.        Employer mails the signed supporting documents, including: USCIS forms, the LCA, the support letter, Notice of Filing, and any company brochures and information to Attorney; and
b.        Beneficiary mails copy of diploma, transcript, license, and other applicable supporting documents requested pertaining to his/her qualifications to Attorney.

7.        Filing the H-1B Petition

a.        Attorney makes final review of the accuracy and completeness of the documents to be submitted to the USCIS;
b.        Attorney signs relevant documents and finalizes the H-1B petition package;
c.        H-1B petition is shipped to USCIS via FedEx;
d.        Attorney e-mails Beneficiary the FedEx tracking number for the shipment; and
e.        This step will take approximately 1 week.

IV.        After the H-1B Petition is Filed

1.        Receipt Notice

a.        Attorney receives USCIS receipt (usually within 2 weeks after case is filed);
b.        Attorney e-mails Beneficiary a scanned copy of the USCIS receipt notice; and
c.        Beneficiary may check the online case status with the USCIS receipt number.

2.        Approval of the Case

a.        Attorney receives approval notice from the USCIS;
b.        Attorney notifies Beneficiary of the approval;
c.        Employer or Beneficiary mails the payment due for legal fees upon approval;
d.        Attorney mails Beneficiary the approval notice and a copy of the H-1B petition package; and
e.        Attorney closes the file.

V.        Request for Evidence (RFE)

1.        USCIS issues RFE;
2.        Attorney notifies Employer and Beneficiary regarding the contents of the RFE and e-mail client a scanned copy of the RFE;
3.        Attorney advises Employer and Beneficiary of the additional documents to be prepared;
4.        Employer and/or Beneficiary mails additional documents requested to Attorney;
5.        Attorney drafts the response letter to RFE;
6.        Attorney mails the response letter and additional documents to USCIS; and
7.        See Section IV. (2) above after case is approved.

VI.        Erroneous Denial

1.        Upon receipt of the USCIS denial notice, Attorney notifies Employer and Beneficiary of the denial and USCIS reason for the denial;
2.        Attorney advises Beneficiary and Employer of appeal or other available relief and options;
3.        Employer determines whether to appeal or to pursue other options; and
4.        Attorney takes further action to appeal or to pursue other options.