PERM Delay Threatens H1B Visa Timeline

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H1B Visa

A senior data scientist, working in the energy sector, is in a really tricky situation with his H1B visa that is going to expire in October 2026. Recently, he shared a deeply personal and professional challenge, via social networks. He mentioned that the PERM process- the most significant stage toward getting a green card has been stopped. And for which reason? A qualified candidate was found during the recruitment process, which immediately stopped the whole timeline of the application.

Out of time, the H1B holder has limited options. U.S. immigration law requires that a PERM application should be filed at least a year in advance of the expiration date of the visa to allow for extensions. Given the deadline in October 2025, it would take another 9 months to start over, which would bring the applicant precariously close to the deadline without any assurance of success.

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“I have little faith left in the company and lawyers; they keep dragging their feet,” he said. Now there is frustration in the air because options are getting limited, and he has to make a tough decision to work the present employer, hoping they will be able to restart the PERM process, or switch over to another company in March 2025 and take another gamble on immigration timelines.

Many professionals in similar positions have expressed solidarity, with others offering advice. Some have suggested alternatives, such as looking into an O-1 visa, which categorizes individuals with extraordinary abilities in their field, or seeking job opportunities in countries where their immigration policies might be friendlier.

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This is a post that epitomizes the problems so many good foreign workers are facing in the U.S., trying to navigate a very complex and mostly inflexible immigration system. While the PERM process is on hold, he has to balance his career ambitions with the looming threat of visa deadlines. He will need to wait and hope this comes at a good time, either through his current employer or a new opportunity.



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