Acerca de Back SELLING OR BUYING A BUSINESS Sale or Acquisition of a Business The sale or purchase of a business is a milestone for many owners, representing the culmination of years of work and planning Buschkin Law Firm can help structure the deal, collaborating with your accountant or other tax advisor so that it is tax efficient and minimizes liability exposure, alert you to potential problems and uncertainties that may arise from financing or regulatory hurdles, and negotiate the most favourable terms for you. At Buschkin Law Firm, we want to have a closer relationship with our clients and be a more integral part of the team, we cherish these relationships, and feel honoured that these companies have chosen us to be a part of their growth and success. Comprehensive Counsel Before the actual purchase of a business, it is important that due diligence is completed. This includes thoroughly investigating the company that you are interested in purchasing, reviewing major contracts, documentation, leases, and more to ensure that there are no major problems or surprises that will occur after the purchase is made. The outcome of due diligence often has a significant impact on the price that you pay, as well as the terms and conditions. We can help you through this process and make sure that you are fully informed about what you are acquiring before any finalizations are made. What we do At Buschkin Law Firm, we handle all the legal aspects of buying or selling your company. FOR BUYERS: Reviewing & negotiating the Purchase & Sale Agreement. Explaining the Purchase & Sale Agreement to the buyer. Conducting due diligence to ensure that the Company is legally registered and will not be violating any leases or contracts upon the transfer of ownership. Ordering a lien & judgment search to determine that there are no liens, judgments or tax liens against the company or the seller. Corresponding with the seller’s attorney & other parties. Preparing & reviewing all legal documents for the closing. Representing the buyer at closing. FOR SELLERS: Preparation & negotiation of the Purchase & Sale Agreement. Explaining the Purchase & Sale Agreement to the seller. Corresponding with the buyer’s attorney & other parties. Preparing & reviewing all legal documents for the closing. Escrowing of funds. Representing the seller at closing. If you are the buyer, you face the following risks if you do not retain an attorney: Business may not be legally registered. Business is or may be in violation of state or federal laws, in breach of existing contracts and may be in breach of its existing leases if the transfer is not properly conducted. Seller or the business may have liens or judgments that might be your responsibility upon the transfer of the business. Seller might be past due on taxes and the obligation to pay might fall on you If you are the seller, you face the following risks if you do not retain an attorney: Documents that you sign may put an obligation on you to be responsible for the business in the future, even if you will no longer be running the business or deriving a profit from it. If you have a lease, you probably made a personal guarantee. If the buyer stops paying rent in the future, you will still be personally liable. An arrangement for the buyer to pay in instalments may not go as planned. How will you be protected if the buyer stops paying? The buyer’s attorney will want you to prepare certain legal documents for the transfer. Are you able to prepare them without an attorney? Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

Back STRUCTURING BUSINESS ENTITIES: Relationships Among Principals Which entity works for your business? S Corporation, C Corporation, Limited Partnership, Partnership, Limited Liability Company, Not-For-Profit Corporation? We will help you and your accountant make this decision and we will form your entity for you. You should have an agreement among yourselves to ensure that all of the issues are covered in order for you or any partner/shareholders who wish so be able represent themselves properly during matters at court. Issues covered in the agreement can be: How are decisions made? How will money be invested? What happens if one of the principals wants to sell his or her interest in the business What happens if a principal becomes disabled, or dies; how will his or her interest in the business be dealt with? You may be in need of our help to understand these and other issues. We're here for you with any task that requires discussion or negotiation. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

Back Advanced Degree or Exceptional Ability This is an Employment Based green card category and is available to individuals who are a member of professions holding an advanced degree or those who have exceptional ability. This page deals with an EB-2 through the National Interest Waiver process The employer can petition but the applicant can also self petition. The first step in the process is to assess whether or not you qualify under the advanced degree criteria or Exceptional Ability. The National Interest Waiver category (NIW) requires proof that your work is of “substantial merit” and “national importance” and that you will be coming to the U.S. to continue the type of work you have been doing overseas, ensuring it continues to constitute “substantial merit” and “national importance”. In addition, it must be shown that the applicant's “prospective endeavor” in the U.S. is so important that using the traditional route of filing a labor application would be detrimental to at least a segment of the U.S. population. Requirements and eligibility DOCUMENTATION When you attend an interview at your local U.S. Consulate or Embassy for your immigrant visa, you will be asked to bring with you a number of documents. These may include the following: A passport that is valid for at least six months beyond the intended date of entry into the U.S. The confirmation page of the DS-260 (Immigrant Visa and Alien Registration Application) Two 2×2 photographs that meet U.S. Visa standards Any relevant immigration documents received after your petition was filed A letter from your employer confirming employment Completed Medical Examination and Proof of Vaccination Forms Marriage and birth certificates if you are interviewing with your family who will also come with you to the U.S. All documents submitted should be in their original form. These will be given back to you usually at the end of the interview. Application Process To qualify for an EB-2 visa, your employer must file a Form I-140, Petition for Alien Worker. An NIW petition can be filed by an employer or can be a self petition. If the green card category is current for the applicant, the I-485 can also be filed at the same time as the I-140. In addition, the applicant can apply for work authorization and the ability to travel. The following evidence should be submitted with Form I-485: Two passport-style photos Copy of approval notice for Form I-612, Application for Waiver of the Foreign Residence Requirement (under Section 212(e) of the Immigration and Nationality Act, as Amended) Copy of Form I-797, Approval notice for I-140 Copy of birth certificate or other records of your birth Copies of all passport pages with nonimmigrant visas Evidence of final compliance with the 3 or 5 years service requirement to be submitted no later than 120 days after the completion of the service requirement (Evidence of compliance must be submitted at intervals while the I-485 is pending) Form I-693, Medical Examination and Vaccination Record Photocopy of the Form I-797 Approval Notices for all extensions and changes of status Photocopy of the Form I-20 or IAP 66 school records (front and back, including all school annotations) Applicable fees Form G-28, if you have an attorney representing your case Period of stay / Family These are green cards so as long as you meet the residency requirements and do not violate the terms of the visa you can keep them for life. Your spouse and children can all join in the green card process. During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD). Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

Back AREA DEVELOPMENT AGREEMENTS Area Development Agreements provide a special challenge: What are the “criteria” that must be met in order to keep to the development schedule? What happens to existing locations if the remaining schedule is not met? Will they have protected areas and if so, what will they be? If a default occurs with respect to one of your units, will it affect your other (non-defaulting) units or not? Who will be obligated with respect to the Development Agreement and what will the extent of responsibility be? With our help, you can address all these and other issues in your Area Development Agreement. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

Back PROBATE & PROBATE AVOIDANCE Protect your loved ones from the hardship of distributing your estate, or get help managing the estate of a loved one. HOW WE CAN HELP: Assist with the probate process to ease the burden on your loved ones Speed up the process for you, ensure that it’s done right the first time, and make sure that your application gets approved Navigate restrictions so that you qualify for all of the assistance you need When you or a loved one passes away, an estate’s transition, called probate, goes into effect. Usually, the family is responsible, alongside a probate attorney, for distributing probate assets. Probate can go smoothly if funds and wills were created and are accessible, but not all people prepare for it. Probate starts with submitting a last will and testament, if there is one, and then moves onto organizing assets and property into a catalog of inventory. Creditor, attorney, and court fees are paid first. Only then is the estate legally transferred to beneficiaries and heirs. We are here to help you plan to avoid probate or represent you in probate court. PROBATE ASSETS VS. NON-PROBATE ASSETS Probate assets include assets for which the deceased person was the sole owner or jointly owned assets which lacked provisions for automatic succession of ownership at death. Non-probate assets include jointly held property for which ownership includes the “right of survivorship.” In this situation, the surviving owner automatically owns the property when the other owner dies. We can help you avoid probate by creating a revocable living trust to plan for the management of your assets in the event of your incapacity or death. Avoiding probate with the help of a qualified attorney is especially important for high-net-worth individuals. Many jointly owned properties and certain types of bank accounts can be set up so that they will automatically be transferred to the person you wish to inherit them at your death. PROBATE AVOIDANCE Probate can be a lengthy process. Beneficiaries must wait until the process of paying back creditors during probate is completed to receive their inheritance. Financial costs are involved in commencing and administering a probate proceeding including filing court fees, the fees of the Personal Representative, and the fees of the attorney administering the estate. When a Will goes through probate, it becomes a public record. In contrast, Trusts can avoid the process of probate and remain private. It is always recommended to avoid ancillary probate for out-of-state real and tangible personal property owned. MAKE IT SIMPLE Legislation has made the probate process as painless as possible, but there are always hiccups along the way. We’ll take the stress out of it by helping when wills are challenged, documents are lost, or creditors get confused. The law can be confusing, especially in times of grief, and people might try to exploit your situation. We make sure that doesn’t happen and provide complete clarity about your affairs. We also make probate faster, so you pay less in court fees. We understand the loss of a loved one is difficult and painful. We never want you to put off your own care for lengthy, contested probate. We’re committed to supporting you and ensuring that the process goes as smoothly as possible. COMMON QUESTIONS HOW CAN I PLAN TO AVOID OR MINIMIZE PROBATE? The best way to ensure that your family won’t be tangled up in a costly and lengthy probate case is to have a fully funded, revocable living trust. Your living trust should be fully funded with your assets. Any assets that are still in your name will have to go through probate, so make sure that all of your assets are titled in your trust. WHAT IF THERE IS NO WILL? If a family member dies without leaving a will and there are significant assets or property that you believe you have a claim to, it would be wise to hire an estate administration attorney to protect your interests. If a person dies without a will and has no living family members closer than a first cousin, relatives who believe they have a claim will have to prove so in a kinship hearing. This is a lengthy process requiring multiple hearings, but with experienced attorneys on your team, you will be spared much of the difficulty. DO I NEED AN ATTORNEY FOR PROBATE? It’s recommended because the process is so formalistic, thorough, and complex, and you don’t want to expose yourself to liability. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

Back SPECIAL NEEDS Beneficiaries with disabilities and special needs require special consideration in your estate planning. With the right planning, you can protect your most vulnerable loved ones in the event of your incapacity or death. HOW WE CAN HELP YOU: Assist in applying for government benefits to pay for skilled nursing, long-term, and in-home care Protect your assets for you and your loved ones Navigate through the maze of rules and regulations Your estate plan must account for possible disability, even if no beneficiary has special needs at the time because we cannot predict the future. At Buschkin Law Firm, we will help you protect your most vulnerable loved ones who may require continuous care and support. The bequests and distributions can be planned in such a way that they will supplement rather than supersede the benefits a person might already be receiving. To ensure that the intended gifts benefit your loved ones and improve the quality of his or her life, we can assist you in setting up a Special Needs Trust. We help our clients explore their options for maximizing benefits for their heirs. With respect to clients or their beneficiaries with special needs, our services cover many areas, including: trust administration and trustee representation, specialized estate planning, special education advocacy, guardianships and conservatorships, public benefits, employment, and residential issues. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

Back Durable Power of Attorney Estate Planning Services If you were to suddenly find yourself incapacitated, a durable power of attorney would give a trusted person the ability to make some of those important decisions for you. WHAT IS A DURABLE POWER OF ATTORNEY? A durable power of attorney is the legal right granted by you to a third party to make financial decisions in your name if you become incapacitated. Of course, since this third party has so much legal authority in your name, it is extremely important that you appoint someone whom you can absolutely trust and who also possesses the ability to handle your legal and financial matters. WHY DO I NEED A DURABLE POWER OF ATTORNEY? No one ever wants to think that the worst will happen, but having a power of attorney can protect you if you were to become incapacitated due to an injury, stroke, illness, dementia, or Alzheimer’s. The person with power of attorney will be able to help you pay your bills, take care of your investments, and buy or sell real estate and other assets. This can ensure that you are still able to care for your family, even while you are unable to work. Buschkin Law Firm can help you legally draft a power of attorney. We will work closely with you to ensure that you are as protected as possible. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

Back Intracompany Transferee The L-1 visa permits a U.S. employer to transfer an employee with specialized knowledge relating to the organization’s interests or a manager/executive from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowledge employee or manager/executive to the United States to set one up. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowledge employee or manager/executive to the United States to set one up. There are two types of L-1: L-1A for executives and managers L-1B for employees with specialized knowledge Benefits of an L-1 Visa No Quotas: No annual limits on the number of visas available to certain countries Fast Processing Times: Average processing time is between 3-6 months Premium Processing is also available by paying an additional fee of $2,500 USCIS is required to respond with 15 business days Family: Allowed to take their spouses and dependent children with them with the L-2 visa Work Authorization: Spouses are permitted to apply for work authorization to work for any US employer Tax Advantages: Non-immigrant visa holders are generally not taxed on worldwide income Transition to Green Card: The criteria for L-1A is similar to EB1C category for Multinational Managers or Executives Easier to become permanent residents Also considered a dual intent visa Requirements and eligibility QUALIFICATIONS To receive either type of L-1 visa, both the employer and the employee need to meet the requirements detailed below: Doing business: Defined by the government Means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization. Specialized knowledge: In organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or In the organization’s processes and procedures Executive capacity: The employee’s ability to make decisions of wide latitude without much oversight Managerial capacity: Ability of the employee to supervise and control the work of professional employees and to manage the organization Employee’s ability to manage an essential function of the organization at a high level New Offices: Employer has secured sufficient physical premises to house the new office Employee has been employed as an executive or manager for one continuous year in the three years preceding the filing of the petition The intended U.S. office will support an executive or managerial position within one year of the approval of the petition DOCUMENTS REQUIRED Application process Processing times and Period of Stay/Extension of Stay The L-1 category of visas process begins with a petition. In general, preparing an L-1 petition may take 1-2 months on the average depending on the responsiveness of the clients and the availability of required documents. The petition is then filed by USCIS. On the average, it could take USCIS between 3-6 months to decide on a petition, but with premium processing, USCIS could decide in as fast as 15 business days. Family and Transition to Green Card CAN I TAKE MY FAMILY TO THE UNITED STATES? A successful L-1 applicant applying for a visa under L1 visa can take their spouse to the United States, as well as any dependent children under the age of 21. Spouses are eligible to apply for work authorization to work in the United States. They are not restricted to working in the same L-1 business as their spouse. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

Back Employment-Based This is a green card category where your employer sponsors you for a green card. The employer must first go through the Labor Certification process to show that they could not find a qualified U.S. worker. You may be eligible for this green card if you are a skilled worker, professional, or other worker. “Skilled workers” are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature “Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature. Requirements and eligibility REQUIRED DOCUMENTATION Application process Processing times and Period of Stay These are green cards so as long as you meet the residency requirements and do not violate the terms of the visa you can keep them for life. Regarding processing time, with each step discussed above in mind, we can make an estimate on what the processing time will be. However, there are a number of factors that can drastically change the amount of time your EB-3 green card will take. PERM Labor Certification process: about 8 months without complications. Form I-140: average of 6 months depending on the caseload. Premium processing shortens your petition’s processing time to 15 calendar days Waiting for your priority date: two months to over a decade depending on country of origin. Form I-485: average of 6 months and cannot be expedited by premium processing. Family of EB - 3 Visa Holders Your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

Back FRANCHISE LAW Whether taking a proactive role in helping clients to prevent future disputes, representing members of an organization in a corporate dissolution, or handling complex business litigation in a state or federal court – Buschkin Law Firm prides itself on providing clients with uncompromising advocacy and respected professionalism in all aspects of legal representation. If you are looking to buy a franchise, then caution should be exercised before leaping into the opportunity so as to avoid potential risks. Understand the commitment you are undertaking and your rights and obligations as a franchisee. Buschkin Law Firm can help in all aspects of franchise law. If you are a potential franchisee, your business documents are key. Therefore, it is critical to ensure that they are valid, comprehensive and fair before you make a purchase decision. At Buschkin Law Firm, through meticulous contract review and negotiation, we will work to protect your interests. The trademark is the cornerstone of what you are buying with a franchise investment. Our Firm will check that the trademark is a live, valid, federally registered trademark. This process involves checking state records to ensure there will be no trademark infringement claim brought against you. We will also learn about the background of the people and company along with the franchisor’s litigation and bankruptcy disclosures, among other records. In addition, we will review the terms of the franchise agreement and explain the franchisor’s obligations to the franchisees and vice versa. At Buschkin Law Firm, we are prepared to put our experience and insight to work for you as you enter into the world of franchise ownership. Franchise law encompasses rules and regulations at both the state and federal levels. It is essential to have someone on your side who understands this complex network and the impact these laws may have on your business venture. When you come to us, we will provide comprehensive, personalized representation at every stage of the process. This includes setting up your legal entity for you and helping negotiate the commercial lease for your business. Franchise Disclosure Document Read More Franchise Rule Read More Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US SERVICES SETTING UP A FRANCHISE SYSTEM Read More FRANCHISE DISCLOSURE ISSUES Read More BUYING A FRANCHISE Read More SELLING A FRANCHISE Read More FRANCHISEE ASSOCIATIONS Read More DISPUTE RESOLUTION Read More AREA DEVELOPMENT AGREEMENTS Read More PROTECTED MARKETING AREAS Read More REAL ESTATE ASPECTS OF FRANCHISING Read More STRUCTURING BUSINESS ENTITIES Read More

Back ASSET PROTECTION Preserving wealth can be difficult. Your assets can be affected by legal risks that you and your loved ones might be exposed to. We can help with creating planning strategies designed to protect your individual assets. HOW WE CAN HELP: Evaluate legal risks your assets are exposed to Design and implement a comprehensive asset protection plan Create a strategy to protect your assets for multiple generations Successful people know that preserving wealth is sometimes more difficult than creating it. The risk exposure of your assets is largely determined by financial and managerial decisions, but it can also be affected by legal risks you and your loved ones might be exposed to. Originally developed for professionals, business owners, and investors, asset protection services are now just as important for ordinary people seeking to preserve the wealth accumulated during their productive life. Widespread use of personal guaranties by banks and creditors has created overwhelming personal exposure for most business owners and investors. Several factors have increased the need for proper asset protection planning, including professional and personal liability, frequent abuses of the legal system, and aggressive tactics employed by unscrupulous creditors and other third parties. A proper asset protection analysis will evaluate present solvency issues and identify the best legal structure for allocating and holding your assets, using multiple tools and techniques available under law. Unfortunately, there are common misconceptions about the security of home equity, 401k, IRA, and 529 plans, insurance and annuity products, trusts, joint checking accounts, and various other assets and investment vehicles. For that reason, it is crucial to understand the risks associated with holding or transferring your assets without proper planning. While it is important to consider which assets can be placed beyond the reach of creditors, it is also critical to understand whether the assets will be afforded the same protections when transferred to your beneficiaries as a part of your estate. At Buschkin Law Firm, we will assess the risks and help you with the development and implementation of a comprehensive asset protection plan. We will show you how to protect your business, your property, and your personal assets for you and your loved ones. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

Back PERM Labor Certification The PERM or Program Electronic Review Management System Labor Certification is the first step in the process of applying for employment-based lawful permanent residency (green card). The objective of PERM is to defend U.S. workers and the job market. This means that the process was created to ensure that foreign workers are not filling the positions that could otherwise be filled by qualified U.S. workers. The PERM applicant must submit a comprehensive application to the Department of Labor in order to demonstrate how his/her exceptional skills cannot be duplicated by an available U.S. worker. IS LABOR CERTIFICATION SAME AS PERM? PERM stands for Program Electronic Review Management System Labor Certification. The certificate itself is often called “PERM labor certification” because obtaining a PERM is equivalent to a labor certificate. It’s important to note that the PERM labor certificate is not a visa and it doesn’t guarantee one. Employment-based visas require you to have a PERM labor certificate before you even apply for your visa. PERM immigration is one part of the entire immigration process. Requirements and eligibility In order to qualify to begin the PERM process, the following requirements must first be met: You must have an existing permanent job offer by a U.S. employer The offered wages are required to be equal or above the DOL prevailing wage. DOL will subject this to the specific position. The local job market has been analysed for qualified candidates. This is required to provide evidence that U.S. workers are unable to complete the requirements of the position, meaning that no qualified native workers are available for the position. Supplementary documentation relating to recruiting efforts must be made available if requested. The U.S. employer is obligated to construct and maintain an audit file with additional proof of attempts at recruitment. RECRUITMENT PERM regulations mandate that recruitment steps for both professional and non-professional positions be completed within 6 months of filing the PERM application. The steps must be conducted at least 30 days but no more than 180 days before the filing of the application. For both professional and non-professional positions, the employer must wait 30 days after the end of the recruitment period before filing the ETA 9089. This is to ensure that any qualified U.S. workers have a reasonable time period in which to respond to your ads or job order. DOCUMENTATION Application process / Green Card PERM CERTIFICATION PROCESS Step 1: Formulate job duties and minimum requirements Establish the crucial details of the job for which the employee is being sponsored The employer must articulate the job requirements based on DOL regulations and realistic business practices Obtain and check the beneficiary’s educational documents and work experience letters Creating PERM piston includes: Job Title Job Duties Work Location Minimum Requirements (Degree, Work Experience, Other) Where (address) to send Resumes Step 2: Request prevailing wage determination (PWD) from DOL Submit an online PWD request to the Department of Labor DOL will determine the prevailing wage for the position in the specified geographic location Prevailing wage will based on the job duties, minimum requirements, and other details PWD sets the minimum wage that the employer must be willing to pay the employee, at the time that the employee becomes a legal permanent resident Step 3: Conduct recruitment Advertisements will be placed to test the labor market This labor market test for PERM purposes must be conducted in conformity with DOL rules: Internal Notice of Filing 2 Sundays in Major Newspaper where permanent position is located 30 days in the State Workforce Agency For Professional Positions choose 3 of the following 10 options: Employer’s website Job Fair Job search website other than the employers. On-campus recruiting. Trade or professional organizations. Private employment firms. Employee referral program with incentives. Campus placement offices. Local and ethnic newspapers. Radio and television advertisements. If an able, willing and qualified US worker applies for the position, we will need to stop the process, wait at least 6 months, and then re-test the labor market, perhaps with modified criteria Step 4: Submit PERM to DOL Prepare and File DOL Form ETA 9089 online. A chance of the case being audited is small: nationally the audit rate is about 25%, but with CBK the rate is less than 5%. GREEN CARD THROUGH PERM ROADMAP Step 5: File I-140 employer's immigrant visa petition with USCIS Employers need to show that the company can pay the employee the prevailing wage. The employee must show that she/he has all of the qualifications for the job. Petition must be submitted with the Labor Certification approval notice, which is only valid for 180 days. Step 6: Wait for priority date to become current Depending on the green card category and the country of chargeability, immigrant visa number may not be immediately available. Please refer to the visa bulletin for the current information. If the priority date is current when the PERM is approved, we may be able to move to next step immediately and file the I-485 application together with the I-140. Step 7: File I-485 I-485 is a personal green card application filed by the employee named in the I-140 petition and by her/his derivative family members (spouse and children). Adjustment of status application focuses on an employee's personal eligibility to receive a green card. We can request a travel/work authorization card that can be used while I-485 is pending. Step 8: Attend biometrics appointment This will be in the USCIS office closest to your place of residence. Step 9: Prepare for and attend interview with USCIS officer About 12 months after filing the paperwork, we will receive an interview notice. Interview wait time varies greatly among different USCIS field offices. Immigration officer will review the employee's green card application and all underlying immigration files. Employees need to confirm that a job offer is still available, provide all the original civil documents, immigration status documents and previously completed medical exam on form I-693 in a closed envelope. On rare occasions, when a visa number is no longer available, after the successful interview, the I-485 form will be sent to the National Benefits Center. In that scenario, USCIS will approve the green card as soon as a visa number becomes available again. Processing times and Validity Period PROCESSING TIMES With each step discussed above in mind, we can make an estimate on what the processing time will be, however, there are a number of factors that can drastically change the amount of time it will take. VALIDITY PERIOD The validity period for individual permanent labor certifications is 180 days, they will have this time to submit the permanent labor certification in support of a petition with USCIS. USCIS rejects petitions that require an approved permanent labor certification if the permanent labor certification has expired or if the petition is filed without the approved permanent labor certification. USCIS denies a petition that was inadvertently accepted without a required, valid permanent labor certification. As exceptions, USCIS accepts them if the original permanent labor certification was submitted in support of a previously filed petition during the permanent labor certification's validity period. These filings may occur when: There is a successor-in-interest employer change, which requires a new or amended petition; The petitioner wishes to file a new petition subsequent to the denial, revocation, or abandonment of the previously filed petition, and the permanent labor certification was not invalidated due to material misrepresentation or fraud relating to the labor certification application; The petitioner files an amended petition to request a different immigrant visa classification than the classification requested in the previously filed petition; or USCIS or U.S. Department of State (DOS) determines that the previously filed petition has been lost. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US