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What Is Permanent Labor Certification?
Permanent Labor Certification Program, also known as PERM, is a Department of Labor program that assesses whether a company can hire a non-U.S. citizen for a position in a U.S. company and if that hire will prevent an equally capable U.S. worker from taking this position.
Employer PERM Requirements
To apply for permanent labor certification, the employer must attest that the following are true:
- The job listing was made to U.S. workers
- The wages offered to the prospective employee are greater than or equal to the prevailing wages for the position and field in which the job belongs
- The employer is able to put the new employee on payroll before or the day of arrival to the United States
- Any U.S. citizen job applicant has been denied for lawful reasons
- The wages for the position are not dependent on bonuses, commissions, or financial incentives of any kind
- The employer has enough money to pay promised wages
- The employer did not discriminate any other prospective employees based on age, sex, religion, race, creed, color, nationality, disability, or citizenship
- The job became available because of a labor strike or labor shortage
- The working conditions of the job meet legal standards
- The job is a full-time position
- The employer is not the same person as the non-United States citizen job applicant
In addition, the employer must complete certain recruitment steps, including:
- Posting a job for at least 30 days
- Publishing at least 2 ads in 2 separate Sunday editions of a popular newspaper
- Selecting 3 of the additional options:
- Ads on TV or radio
- Local newspapers
- Job listing on business’ website
- Job fairs
- Recruitment agencies
- College campus job placements
- Employee referrals
- Job sites online
- Trade organizations
Finally, the employer must do the following in regards to providing notice:
- Give notice in advance for submitting the PERM application between 30 and 180 days prior to submitting the application
- The notice must contain the wage offered to prospective employees
- The notice must contain the address of the Certifying Officer who is managing the application
- The notice must state that a PERM application will be filed soon
- The notice must state that proof pertaining to the PERM application can be sent to the Certifying Officer
- Qualify for the specific job position, without tailoring the job requirements to the Applicant.
- Be selected for the job after recruitment was complete.
- Have educational and work experience to show they are the best candidate for the job, above all US citizen and lawful permanent resident applicants.
3 Stages of PERM Labor Certification
The permanent residence process is generally made up of 3 parts:
1. PERM Labor Certification
In this section of the PERM Labor Certification process, an employer must participate in the recruitment process to see if there are any able, willing, and available U.S. workers that can fill their position. As outlined above, this is a thorough process that gives U.S. workers a chance to fill positions first before a company can go outside the U.S. to find talent.
In addition, the employer must offer at least the prevailing wage for the position in the industry in which the position belongs.
The employer will file the PERM application to the Department of Labor. This stage of the process takes at least 60 days.
2. Employer’s Application for Immigrant Visa
After the PERM application is approved by the Department of Labor, the employer must file for an I-140 Immigrant Worker Petition with the USCIS within 6 months of the approval of the PERM application. In this stage, the employer must submit proof that it has the ability to pay the prospective employee the salary submitted. This usually involves sending profit and loss statements, balance sheets, and sometimes even personal financial information for new businesses. An attorney can help you determine the best pieces of evidence to submit.
Once submitted to the USCIS, it typically takes 5 to 6 months to get approved. However, a petition may be submitted for a “premium processing” schedule, which takes 15 calendar days.
3. Adjustment of Status
The final stage of the PERM certification process is filed by a foreign national. A foreign national’s family (spouse and children) may also join the foreign national employee at this step and file their own applications as the employee’s dependents.
Applying for PERM Certification
When it comes to applying for PERM Certification, it is highly recommended that an employer hire a qualified immigration attorney due to the complexities of evidence and process required. A lawyer will help you:
- Answer any questions you may have about the process
- Help guide you through the required steps
- Help you file paperwork in a timely manner
- Help you gather necessary evidence to submit
- Help your future employee file any necessary paperwork
Need Help With Permanent Labor Certification? Hire a Top Immigration Lawyer in Miami, Florida
Do you need help with filing for Permanent Labor Certification? We can help! Immigration Lawyers USA are top immigration lawyers in Miami, Florida and are able to help you navigate the complexities of getting a permanent labor certification. If you need legal counsel to fight for your rights, give Immigration Lawyers USA a call at 305-501-0783 or contact us here to schedule your consultation.