Review Management) Labor
/ Employment
PERM (Program Electronic Review Management) Labor Certification is a critical step in the employment-based green card application process for foreign workers in the United States. It is specifically required in the EB-2 and EB-3 preference categories for skilled workers, professionals, and other workers. PERM is a process that involves obtaining a labor certification from the U.S. Department of Labor (DOL) before an employer can proceed with the immigrant visa petition on behalf of the foreign worker. Here's an overview of the PERM Labor Certification process.
What are the Employer’s Responsibility?
- The employer, seeking to sponsor a foreign worker for an employment-based green card, is responsible for initiating the PERM Labor Certification process;
- The employer must demonstrate that they have conducted a good faith recruitment process to find a qualified U.S. worker for the job and that the foreign worker is not taking a job opportunity away from a qualified U.S. worker.
What are the requirement for Job Posting and Recruitment?
- The employer must first complete a series of recruitment steps to test the U.S. labor market. This typically includes placing a job posting in a prominent location, advertising the position in relevant publications, and conducting other recruitment efforts;
- The job posting must include specific details about the job, including the requirements, duties, and location.
What is the Application Submission?
Once the recruitment process is complete, the employer files a PERM application with the U.S. Department of Labor. The application includes documentation of the recruitment efforts, job requirements, and details about the foreign worker's qualifications
What is DOL Review?
- The DOL reviews the PERM application to ensure that the employer has followed the required recruitment steps and that the job's minimum requirements are not set unreasonably high to disqualify U.S. workers;
- TThe DOL may issue a labor certification if the application meets their criteria.
When can Immigrant Visa Petition be filed?
- After receiving the labor certification, the employer can file an immigrant visa petition (typically Form I-140) with U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker;
- The petition should include the approved labor certification as a part of the supporting documentation.
Ajustment of Status or Consular Processing?
Once the immigrant visa petition is approved, the foreign worker can proceed with either adjustment of status if they are already in the United States or consular processing if they are abroad. This is the final step to obtain permanent residency.
What are the key points about the PERM Labor Certification process ?
- The process aims to ensure that the employment of foreign workers will not negatively impact the U.S. labor market and that there are no qualified U.S. workers available for the job;
- The process can be time-consuming, and it involves strict regulatory requirements;
- It is essential for both employers and foreign workers to work with experienced immigration attorneys to navigate the PERM Labor Certification process successfully.
How can Kananchuk Law Office help?
Contact our office today to discuss your specific case.
Book a consultation
Attorney Krystsina Kananchuk is committed to obtaining protection for you and your family.
Services
Immigration overview
Family based
Employment
Non-immigrant visas
Deportation and removal defense
Contacts
Address
1750 East Golf Road, Suite 1130, Schaumburg, IL 60194
Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided.
Developed by Edisoncorp