Published on Thu, 06/09/2016 - 16:08
PERM — Live-In Positions
Although it is legally possible to ﬁle a PERM petition for a live-in position, there are a number of issues that complicate such a ﬁling.
- The position must be a full-time position. Because the position must exist at both the beginning and end of the process, the need for the the position to be full-time throughout the process.
- Because virtually all live-in positions fall under the “other worker” classiﬁcation for immigration purposes, the process will take several years. The person being petitioned is not authorized to work in the United States until the last step of the process has been reached.
- The person being petitioned must maintain valid immigration status and must not engage in unauthorized employment throughout the processing period, or must have had a petition ﬁled on their behalf on or before April 30, 2001.
- The employer must establish the need for the position. i.e. why is there a need for the position to be full-time and live-in.
- The employer must have or establish a Federal Employer Identiﬁcation Number (FEIN) with the Internal Revenue Service, before the process can begin. This number must be maintained throughout the process.
- The employer must have or establish an Employer Account Number with the relevant State agency to which employment taxes are paid. This Employer Account Number must exist before the process can begin, and must be maintained throughout the process.
- The employer must provide a signed statement that includes the following:
- Whether the residence is a house or an apartment.
- The number of rooms in the residence.
- The number of adults in the residence.
- The number of children in the residence and their ages.
- That free board and a private room, not shared with any other person, is provided to the live-in employee.
- The employer must also have a signed and dated contract with the employee prior to beginning the process. This contract must specify:
- The wages to be paid on an hourly basis. These wages must comply with the Prevailing Wage requirement as described in the “PERM — The Process from Employer Perspective” and “PERM — The Process from Employee Perspective” pages.
- The total hours of employment per week.
- The exact hours of daily employment.
- That the employee is free to leave the premises during all non-work hours, except that the employee may work overtime if paid for the overtime at no less that the legally required hourly rate (time and a half, or double time).
- That the employee will reside at the employer’s residence.
- Complete details of the duties to be performed by the employee.
- The total amount of money advanced to the employee, if any, and the terms of repayment of any such advances.
- That a private room, and board will be provided at no cost to the employee,
- That a copy of the contract was given to the employee.
- The employee must have at least one year prior experience in the position. This experience cannot have been gained with the petitioning employer.
- Must meet all the other requirements as described in the “PERM — The Process from Employer Perspective” and “PERM — The Process from Employee Perspective” pages.