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- Permanent resident visas
PERM Labor Certification Lawyer
What is Labor Certification - PERM?
Are you seeking permanent employment in the United States, or are you an employer looking to sponsor talented foreign workers?
The PERM Labor Certification process, a crucial step toward obtaining an employment-based green card, can help achieve these goals.
At Altius Immigration Law , we guide both employers and foreign nationals through this critical step in employment-based immigration. Whether you’re an employee with a potential sponsor or an employer looking to retain valuable talent, we’re here to help you navigate every requirement and avoid delays.
Whether you’re just learning about PERM certification or need support handling the process, we’re here to make it simple for you. Reach out today to get started.
What is PERM Labor Certification?
PERM Labor Certification is often the first step toward obtaining an employment-based green card.
This critical process requires employers to prove that:
- There are no qualified US workers able, willing, and available to accept the job opportunity
- Employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed US workers
- The job opportunity is a bona fide, full-time, permanent position
- The foreign worker meets all the position’s requirements
Who Needs PERM Labor Certification?
PERM Labor Certification is required for most foreign nationals seeking a green card through employment-based immigration in the EB-2 and EB-3 categories.
You may need to pursue PERM Labor Certification and a green card if you are:
- A foreign professional with an advanced degree seeking permanent employment in the US
- A skilled worker with at least two years of job experience
- A professional with a bachelor’s degree
- An unskilled worker for a position requiring less than two years of training or experience
However, certain employees may be exempt from the PERM requirement, including:
- Individuals of extraordinary ability (EB-1A)
- Outstanding researchers and professors (EB-1B)
- Multinational managers and executives (EB-1C)
- National Interest Waiver applicants (EB-2 NIW)
Understanding whether PERM is required for your situation is crucial for planning your path to a green card. Our experienced immigration attorneys can help evaluate your qualifications and determine the most appropriate route for your green card journey.
The PERM Process, Step-by-Step
The path to obtaining PERM Labor Certification and, ultimately, your green card involves several critical stages.
Step 1: Prevailing Wage Determination
The Department of Labor must determine the minimum wage that must be offered for the position. This wage is based on the job duties, requirements, and geographic location. The determination process can take up to one year, and this wage must be offered in the recruitment process.
Step 2: Job Requirements and Employee Qualifications
The position requirements must be carefully documented to match the real minimum requirements of the job. Foreign workers must prove they met all these requirements before being hired by the employer. Any special requirements beyond what is normal for the occupation must be justified through business necessity.
Step 3: Mandatory Recruitment
The law requires specific recruitment steps to test the U.S. labor market. These must be completed within 180 days before filing:
- A 30-day job order with the state workforce agency
- Two Sunday advertisements in a newspaper of general circulation
- Internal posting notice for 10 business days
- For professional positions, three additional recruitment steps from a list of options
Step 4: Recruitment Report and Analysis
After recruitment ends, employers must wait 30 days before filing the PERM application. During this time, all U.S. applicants must be fairly considered. A detailed recruitment report must document all applicants and explain any lawful, job-related reasons why U.S. workers were not hired.
Step 5: PERM Application Filing
The final step is filing Form ETA 9089 with the Department of Labor. This detailed form documents the recruitment process, job requirements, and foreign worker qualifications. The DOL typically takes 4-6 months to process clean cases, though this can extend to a year or more if an audit is issued.
Our Comprehensive Employment-Based Green Card Services
- Strategic planning and timeline development for PERM applications
- Prevailing wage determination and analysis
- Job requirement evaluation and position structuring
- Full recruitment campaign management
- ETA Form 9089 preparation and filing
- DOL audit response and representation
- Supervised recruitment assistance
- Appeals for denied applications
- Guidance on post-PERM immigration steps
The Altius Immigration Law Difference
When you choose Altius Immigration Law for your PERM Labor Certification case, you’re not just getting legal representation – you’re gaining a partner invested in your success.
Frequently Asked Questions
How long does the PERM process take?
The timeline varies depending on several factors but can take up to one year to complete. We’ll provide you with a detailed timeline based on your specific situation.
What if qualified U.S. workers apply?
We’ll help you understand how to properly evaluate applicants against your legitimate job requirements and document the process appropriately. Our goal is to ensure compliance while protecting your interests.
What happens if we receive an audit?
DOL audits are a normal part of the PERM process. We prepare every case as if it will be audited, maintaining comprehensive documentation from the start. If selected for audit, we’ll guide you through the response process with confidence.
Can we sponsor someone who is already working for us?
Yes! Many employers successfully sponsor current employees. We’ll help you understand any special considerations and timing issues related to your specific situation.
Moving Forward with Your PERM Case
At Altius Immigration Law, we know that every day spent dealing with immigration uncertainty is a day too long. That’s why we’re committed to providing efficient, effective, and compassionate legal services to help you achieve your immigration goals through PERM Labor Certification.
The path to permanent residency through employment doesn’t have to be overwhelming. Contact us today to schedule a consultation with one of our experienced PERM attorneys. We’ll review your case, answer your questions, and develop a personalized strategy to help you succeed.
Don’t let the PERM process stand between you and your immigration goals. Call us or fill out our online contact form to get started. Let Altius Immigration Law be your partner in building a brighter future in the United States.
- Immigration Lawyer USA
The Labor Certification process
Altius simplifies the Labor Certification process:
1. Job Advertisement
2. Recruitment Steps
3. PERM Application
4. DOL Review
5. Labor Certification Approval
Labor Certification
- Altius Immigration Law
Why is Labor Certification Important?
Obtaining work certification is a crucial step in securing a green card. This demonstrates to the DOL that hiring a foreign worker will not negatively impact job opportunities, wages or working conditions for U.S. workers. By going through this process, employers show their commitment to complying with regulations and ensuring fair employment practices.
Labor certification is a rigorous process that requires employers to conduct a comprehensive recruitment campaign to attract US workers to the position. This includes advertising the job vacancy, interviewing eligible candidates and documenting the reasons for rejecting US candidates in favor of a foreign worker.
By participating in this process, employers not only demonstrate their willingness to give American workers a fair chance, but also contribute to the overall growth and development of the US economy by ensuring that foreign workers are hired only when there is a real shortage of qualified domestic candidates. In addition, the labor certification process helps maintain the integrity of the immigration system and prevents the exploitation of foreign workers by requiring employers to offer competitive wages and comply with labor laws. Overall, labor certification plays a crucial role in protecting the interests of both U.S. workers and foreign workers seeking employment opportunities in the United States.
Altius Immigration Law
The Role of Lawyers in the PERM Labor Certification Process
At Altius, we understand that PERM labor certification can be a complex and daunting process. Our team is highly experienced at filing PERM-based green card applications. We work closely with employers and foreign workers to explore whether PERM is the right option, and will ensure that the application is rigorously prepared.
1. Job Advertisement
The US employer (sponsor) must first conduct a series of recruitment efforts to test the US labor market and demonstrate that there are no qualified US workers available and willing to fill the position for which they intend to sponsor the foreign worker.
2. Recruitment Steps
The specific recruitment steps typically include advertising the job opening in various media, such as newspapers, online job boards, and internal company postings. The employer must follow the recruitment guidelines established by the U.S. Department of Labor (DOL).
3. PERM Application
After completing the recruitment process and ensuring that no qualified US workers are available for the position, the employer can submit a PERM labor certification application to the DOL. This application includes documentation of the recruitment efforts and the job requirements.
4. DOL Review
The DOL will review the PERM application to ensure that the recruitment process was conducted properly and that there is a genuine need for the foreign worker to fill the position. They will also verify that the offered wage is in line with the prevailing wage for similar positions in the area. They will also check that the salary offered is in line with the current salary for similar positions in the area.
5. Labor Certification Approval
If the DOL approves the PERM labor certification, the employer can then proceed with the next steps of the employment-based green card process, including filing an immigrant visa petition with U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker.
Labor Certification and EB-2 / EB-3 Visas
It’s important to note that the PERM labor certification process is typically required for certain employment-based green card categories, such as the EB-2 and EB-3 categories for workers with advanced degrees or skilled workers, respectively.
Why choose Altius for your Labor Certification?
- PERM Labor Certification Lawyer
Green Card through PERM Labor Certification
If you are seeking PERM Labor Certification as part of your green card application, Altius can help. Our team can assist you through the Labor Certification process, ensuring compliance with all regulations. Contact us today to schedule an appointment.
