Whether you’re an employer seeking to hire a foreign worker, or a foreign worker seeking an occupation in the United States, get in touch with the experienced Austin immigration law attorneys at Peek & Toland for all of your immigration needs. The rules and regulations regarding immigration are complex, and without legal expertise, you may struggle getting through the necessary procedures. Let us lend you guidance; we can make the process significantly more efficient and less difficult.
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What Is PERM Labor Certification?
PERM, which stands for “Program Electronic Review Management,” was developed by the U.S. Department of Labor (DOL) to streamline the filing and processing of labor certifications for foreign workers, and to standardize and enhance recruitment requirements. Under PERM, labor certification applications may be submitted online and processed within three months. Although supporting documents don’t need to be submitted at the time of filing, they may be requested if the application is audited.
What Are the Qualifications for PERM?
An employer who wishes to hire a foreign worker through the PERM labor certification process must be able to prove the following:
- The offered job position is full-time and located within the United States;
- It is a bona fide job available to United States citizens;
- The requirements of the job position are not specifically tailored to the foreign worker’s qualifications;
- The offered wage meets prevailing wage requirements;
- No qualified U.S. workers have come forward to take the job offer; and
- Employment of the foreign worker will not adversely affect the wages and working conditions of U.S. workers.
As for the prospective employee, s/he must meet the educational and work requirements of the job position and maintain a valid status living within the United States.
How to Apply for PERM
To initiate the PERM application process, the employer must file an Alien Employment Certification, ETA Form 9089. Upon approval, the application should be filed with the United States Citizenship and Immigration Services (USCIS) service center with form I-140, Immigrant Petition for Alien Worker.
While the employer has the option of filing the application for Permanent Employment Certification electronically or by mail, it is recommended by the DOL that the employer files electronically since it is generally faster and more dependable. To file electronically, go to www.doleta.gov and register an account. Afterwards, fill out and submit the application. If any required fields are left empty, the system will not accept the application.
If you must file by mail, submit the paper application to a processing center in the state or territory where the job is located.
Contact Us Today
The PERM process involves many more considerations and factors which have not been expounded upon above. To get the full details, please contact our office today. Our legal staff will provide you with a comprehensive understanding of the PERM process and where you stand in regards to it.