Can You Travel During PERM Labor Certification?

Introduction

The PERM labor certification process is an important step in many employment-based green card cases. Because PERM is filed by the sponsoring employer with the U.S. Department of Labor (DOL), having a PERM application pending does not, by itself, prevent a foreign worker from traveling internationally. However, travel can have separate immigration consequences depending on the worker’s current status and the stage of the green card process.

Traveling While a PERM Application Is Pending

PERM is primarily an employer-sponsored process. The employer must complete required steps, including obtaining a prevailing wage determination and conducting the required recruitment before submitting the labor certification application. The DOL evaluates whether the requirements of the PERM program have been satisfied.

A foreign worker may generally travel while the employer’s PERM application is pending, provided the worker otherwise has valid authorization to travel and return to the United States. The pending PERM application itself does not provide immigration status or permission to enter the United States. A traveler must therefore continue to comply with the requirements of the nonimmigrant status under which they are maintaining their stay.

Before traveling, it is important to consider the expiration dates of the worker’s passport, visa, and current immigration status. A visa may permit a person to seek admission to the United States, but admission is ultimately determined at the port of entry. The consequences of international travel can also vary significantly among visa categories.

Travel After PERM and During Adjustment of Status

The travel analysis becomes more complicated once the worker moves beyond PERM and files an adjustment of status application, Form I-485. Generally, a person with a pending I-485 who leaves the United States without appropriate travel authorization may be considered to have abandoned the adjustment application. USCIS provides exceptions for certain nonimmigrant categories, including some individuals maintaining valid H-1B or L-1 status.

PERM approval also does not itself grant permanent residence. After certification, the employer generally proceeds with the next stage of the employment-based immigration process, which may include an immigrant petition with USCIS.

Conclusion

Travel during the PERM process may be possible, but the answer depends largely on the worker’s current immigration status and the particular stage of the permanent residence process. Because international travel can have consequences beyond the PERM application itself, careful planning is important.

This article provides general informational content and is not legal advice. Immigration rules and travel requirements can depend on individual circumstances, including visa status, pending applications, and immigration history. Anyone considering international travel while pursuing employment-based permanent residence should consult a qualified immigration attorney for advice regarding their specific situation.