I have been promoted from a lead developer role to a managerial position. Does my employer have to file a new PERM and I-140?

Answer

PERM labor certifications are job-specific. If the job has changed from the position described in the PERM in a material way, a new PERM is likely appropriate. The entire GC case is based upon that job offer / description. In order to move forward with the case, the job offer has to stay in place, and the beneficiary has to be willing to take the offer. If there is a genuine promotion to a new position, it is time for a new PERM. (11.May.2015)

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