The recent outcomes of the PERM labor market test (LMT) have raised concerns among H-1B workers, as many are finding that their applications are being blocked due to the presence of qualified U.S. applicants. This situation is not a glitch but rather a reflection of the system functioning as intended under the Immigration and Nationality Act (INA). While affected individuals can continue to work under their existing H-1B status, their path to permanent residency through their current employer is legally obstructed.
Key Details:
- The PERM LMT is designed to prioritize U.S. workers over foreign applicants.
- Affected H-1B workers can continue to work lawfully until their six-year limit expires, subject to valid extensions.
- No further PERM certification is possible for these individuals under their current employer and position.
- This outcome prevents the approval of I-140 immigrant petitions based on the failed PERM certification.
The implications of these developments may significantly impact H-1B workers seeking permanent residency in the U.S. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: @SBJDFW