What is
PERM (Labor Certification Application)
The PERM labor certification process is a critical step for U.S. employers looking to hire foreign workers for permanent roles. By ensuring that no qualified U.S. workers are available for the position, PERM certification lays the foundation for obtaining an employment-based green card in either EB-2 or EB-3 category. Understanding the eligibility criteria and navigating the process efficiently is essential for both employers and foreign workers seeking permanent residency.
Application process for PERM Labor Certification
The PERM labor certification process involves several key steps:
Step 1: Prevailing wage determination
The employer must request and receive a prevailing wage determination from the NPWC. This step ensures that the wage offered to the foreign worker meets or exceeds the prevailing wage for the position.
Step 2: Pre-filing recruitment
The employer must conduct recruitment efforts to test the U.S. labor market. The recruitment process includes posting job advertisements and conducting other recruitment activities to ensure that there are no qualified U.S. workers available for the position.
Step 3: Filing the PERM application (ETA Form 9089)
Once the recruitment process is complete, the employer can file the PERM application online.
Step 4: Department of Labor review
The DOL reviews the PERM application to ensure compliance with all requirements. If the application is approved, the employer can proceed to the next step in the green card process.
Step 5: Filing the I-140 Petition
After receiving the approved PERM labor certification, the employer must file Form I-140, Immigrant Petition for Alien Worker, with the USCIS. This form establishes the foreign worker's eligibility for an employment-based green card.
Benefits of PERM Labor Certification
- Pathway to permanent residency: the PERM labor certification is the first step towards obtaining an employment-based green card for foreign workers.
- No quotas: there are no annual quotas for the PERM labor certification.
- Fair wages: the process ensures that foreign workers receive fair wages that meet or exceed the prevailing wage for their occupation.
- Economic benefits: by allowing U.S. employers to hire skilled foreign workers, the PERM labor certification program supports economic growth and competitiveness.
Required documentation for PERM Labor Certification
- Prevailing wage determination: documentation of the prevailing wage determination from the NPWC.
- Recruitment documentation: evidence of recruitment efforts, including job advertisements, job orders, and other recruitment activities.
- Job offer letter: a formal job offer letter detailing the terms and conditions of employment.
- Proof of business operations: documentation proving the employer's business operations, such as business licenses, tax returns, and financial statements.
- Employer's ability to pay: evidence that the employer can pay the offered wage, such as financial statements and payroll records.
Costs associated with PERM Labor Certification
There are no filing fees for submitting the PERM application (ETA Form 9089). However, there are other costs associated with the process:
- Recruitment costs: expenses related to job advertisements and other recruitment activities.
- Legal fees: attorney fees for legal consultation and assistance with the application process.
- Filing fees for subsequent petitions: fees for filing Form I-140 and other related petitions with USCIS.
The sponsoring employer is responsible for paying for the recruitment and legal fees.
Transitioning from PERM Labor Certification to Green Card
After obtaining the PERM labor certification and Form I-140 approval, the foreign worker can proceed with the green card application process. This process involves several steps:
- Adjustment of status (Form I-485): if the foreign worker is already in the U.S. on a valid visa, and the priority date is current, they can file Form I-485 to adjust their status to permanent resident.
- Consular processing: if the foreign worker is outside the U.S., they must go through consular processing at a U.S. embassy or consulate in their home country.
- Approval and Green Card issuance: once USCIS approves the green card application, the foreign worker will receive their green card, granting them permanent residency in the U.S.
Common challenges in the PERM Labor Certification process
- Prevailing wage issues: ensuring that the offered wage meets the prevailing wage requirements can be challenging.
- Recruitment difficulties: conducting successful recruitment efforts and proving that there are no qualified U.S. workers can be complex.
- Documentation requirements: gathering and maintaining the necessary documentation for the PERM application can be time-consuming.
- Audit risks: the DOL may audit PERM applications, which can delay the process and require additional documentation.
Maintaining PERM validity
While the PERM labor certification itself does not confer legal status, it is a crucial step in the green card process. To maintain eligibility for a green card, the foreign worker and employer must:
- Adhere to job offer terms: ensure that the job offer remains valid and that the foreign worker continues to meet the job requirements.
- Maintain legal status: the foreign worker must maintain their current visa status while the green card application is pending.
- Provide updated documentation: submit any requested documentation promptly to avoid delays in the green card process.
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Premium processing for H-1B visa
Eligibility criteria
To qualify for a PERM Labor Certification, employers and the job positions they offer must meet several requirements:
- Permanent full-Time Job Offer: the employer must have a permanent, full-time job offer for the foreign worker.
- Prevailing Wage Determination: the employer must obtain a prevailing wage determination from the National Prevailing Wage Center (NPWC) and must offer a wage that is equal to or higher than the prevailing wage for the position.
- No Qualified U.S. Workers: the employer must demonstrate that there are no qualified, willing, and available U.S. workers for the position.
- Compliance with Recruitment Requirements: the employer must follow specific recruitment steps to advertise the job opportunity and prove that no qualified U.S. workers are available.
The Importance of legal consultation in today's complex world
Navigating the complexities of the PERM labor certification process can be challenging. Legal consultation ensures that you fully understand the requirements and have all the necessary documentation in place. Legal experts can guide you through each step, increasing your chances of a successful application. At Partovi Law PLLC, we provide comprehensive legal services to help you stay updated with the latest changes and avoid common pitfalls, ensuring a smoother and more efficient application process.
Key benefits of legal consultation
- Expert Guidance: experienced immigration attorneys can provide invaluable advice and support throughout the PERM application process.
- Compliance Assurance: legal consultation helps ensure that your application complies with all relevant regulations and requirements.
- Risk Mitigation: attorneys can help identify and mitigate potential risks that could lead to application denials or audits.
- Efficiency: professional legal services can streamline the application process, saving time and reducing stress for employers and foreign workers.
When to seek legal consultation
It is advisable to seek legal consultation as early as possible in the PERM application process. Early consultation can help you understand the requirements, plan your recruitment strategy, and gather the necessary documentation. Consulting with an attorney before starting the application process can prevent costly mistakes and delays.
