PERM Labor Certification

PERM is the process for obtaining labor certification, the first step of the green card process for foreign nationals seeking permanent residence through their employment.

To obtain an approved PERM Labor Certification, the employer must prove (through newspaper advertising and other recruiting methods) that they were unsuccessful in recruiting a qualified U.S. worker for a certain position.

The employer must be prepared to hire the foreign worker on a full-time and permanent basis.

There must be a bona fide job opening available to U.S. workers.

Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the worker’s qualifications. In other words, the employer must establish that the job opportunity has been described without the use of unduly restrictive job requirements, unless it can demonstrate that they arise out of business necessity.

The employer must pay at least the prevailing wage for the occupation in the area of intended employment.

Obtaining a PERM Labor Certification is a complicated and lengthy process. Before beginning your PERM Labor Certification petition, our experienced attorneys will consider your situation and evaluate all the alternative immigration options available to you. If PERM is not the best option, there may be others that avoid the Labor Certification procedure entirely, such as NIW and EB-1. For a free evaluation of your immigration possibilities, you may send us your resume and your employer’s information by email to Info@YBZLaw.com. After reviewing your resume, we will give initial advice on which course of action is best for your situation. NOTE: you are not necessarily limited to just one type of immigrant petition, and you may petition in two or more categories, provided you meet each category’s requirements.

After you retain us for your Labor Certification process, our experienced attorneys will effectively communicate with you and work closely with your employer throughout the whole procedure. We will:

  1. Collect relevant information and documents about the sponsoring employer and the alien beneficiary;
  2. Review and analyze the alien employee’s qualifications and (potential) job requirements including issues relating to education, job duties, etc. If a foreign degree evaluation or degree equivalent is required, we will advise the client accordingly;
  3. Draft the job description and select the qualifications based on the information provided;
  4. Discuss with the alien-beneficiary the issues concerning the job description and qualification requirements;
  5. Work with the employer to revise and finalize the job description and qualification requirements;
  6. Help the employer register on the PERM online filing system;
  7. Submit the necessary information to obtain a prevailing wage determination from the National Prevailing Wage Center (NPWC);
  8. Advise the employer on legal procedures applicable to the job recruitment process, according to the Department of Labor’s rules and guidelines;
  9. Draft the job posting and propose advertising and posting schedules for the employer’s review and approval;
  10. Arrange newspaper advertisements, the job order (either directly or through an advertising agent), and all external postings, upon the client’s consent. Attorney will also prepare and seek the client’s consent on the content of the advertisements and postings;
  11. Work with the employer on arranging other applicable recruitment activities. For example, the posting of the job opening on the employer’s website. In this case, the attorney will prepare the content and pass it to the employer for posting. The attorney can also refer the employer to a recruiting firm for recruitment purposes. Recruitment through a recruiting firm is one of the allowed additional recruitment activities;
  12. Clarify the legal guidelines for the employer on screening and interviewing applicants;
  13. Coordinate the recruitment activities with the employer, work with the employer on analyzing the job applications that are received, and provide a professional opinion on how to respond to the applicants;
  14. Offer convenient forms for the employer to use in collecting and documenting the entire recruitment process. Attorneys will also prepare an entire set of documents to satisfy a potential DOL audit;
  15. Review all the recruitment information collected from the employer and draft the recruitment report on behalf of the employer;
  16. Prepare the online PERM application form and provide a copy to the employer and the alien beneficiary for review before filing;
  17. Submit the online PERM application upon approval from the employer and the beneficiary;
  18. If the DOL chooses to audit the application, Attorney will work with the employer to respond and comply with the request;
  19. Communicate with the Department of Labor after submittal about any legal issues, and respond to any requests for additional information pertaining to the PERM application and case.

PERM labor certification is an extremely complicated and time-sensitive procedure. We recommend that you consult with an experienced and responsible immigration attorney. We have successfully represented many PERM cases. If you would like to contact us, please telephone us at 312-750-9889. You can also contact us conveniently online by emailing us at Info@YBZLaw.com. Our attorneys will use their experience, expertise, and teamwork to ensure the highest quality of service.

 

 
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