If you are looking to establish yourself in the United States through an employment-based visa, you will likely encounter the PERM labor certification process. The Program Electronic Review Management (PERM) is a key step in obtaining a Green Card under employment-based visa categories. In this article, we explain the requirements and step-by-step process for applying for a PERM visa.
WHAT IS THE PERM PROCESS?
PERM labor certification is a requirement that U.S. employers must fulfill to hire foreign workers permanently. Through this process, the employer must demonstrate to the Department of Labor (DOL) that there are no qualified, available, and willing U.S. workers to fill the offered job, and that hiring the foreign worker will not negatively impact the wages and working conditions of U.S. workers.
APPLYING FOR A PERM VISA: REQUIREMENTS AND STEP-BY-STEP PROCESS
The process of applying for a PERM Visa is a crucial step toward obtaining permanent residency in the United States through a job offer. This process is designed to ensure that U.S. workers are not disadvantaged and that companies hire fairly. Below, we explain the requirements and step-by-step process for applying for a PERM Visa, with details on Labor Certification.
REQUIREMENTS AND STEP-BY-STEP PROCESS FOR APPLYING FOR A PERM VISA
- Prevailing Wage Determination (PWD) The first step for the employer is to request a prevailing wage determination from the U.S. Department of Labor (DOL). This wage is the average pay earned by workers in the same occupation and geographic area.
Purpose: To ensure that the wage offered to the foreign worker is fair and competitive in the local labor market, thereby preventing any negative impact on the wages of U.S. workers.
- Recruitment of U.S. Workers Before hiring a foreign worker, the employer must make recruitment efforts to prove that no qualified U.S. workers are available. This includes:
- Posting ads in local newspapers and relevant websites.
- Placing job orders with state workforce agencies.
- Documenting the entire recruitment process, including reasons for rejecting U.S. applicants.
- Keeping detailed records of all applications received and reasons for not hiring local candidates.
- Filing Form ETA-9089 Once the employer has completed the recruitment process and found no qualified U.S. workers, they may proceed to file Form ETA-9089, which is the Application for Permanent Employment Certification.
This form includes details about the job, the position’s requirements, and information about the company. At this point, the labor certification request is officially submitted to the Department of Labor.
- Review by the Department of Labor (DOL) The DOL will review the application to ensure the employer has met all regulations, including recruitment and wage requirements. During this step, the DOL:
- Verifies that the employer has made appropriate recruitment efforts.
- Reviews the wage and recruitment documentation.
- Confirms that hiring the foreign worker will not negatively impact U.S. workers.
- If everything is in order, the DOL will issue the Labor Certification.
- Immigrant Petition to USCIS (Form I-140) Once the Labor Certification is approved, the employer must file an immigrant petition with U.S. Citizenship and Immigration Services (USCIS) using Form I-140.
This form is the next step for the foreign worker to obtain a Green Card. Form I-140 confirms that the employer has the financial ability to pay the offered wage and that the job offer is legitimate.
BENEFITS OF HAVING AN IMMIGRATION LAWYER
The process of applying for a PERM Visa is detailed and can be complex. Having the guidance of a specialized immigration lawyer, like those at AnaMaria Rivera Law Firm, ensures that all steps are completed correctly and deadlines are met. An experienced lawyer can:
- Help prepare the necessary documentation.
- Represent you before the Department of Labor and USCIS.
- Offer guidance on the best strategies to meet the requirements.
At AnaMaria Rivera Law Firm, we have experience managing labor certifications and guiding both workers and employers through the entire immigration process. Additionally, we offer flexible payment plans tailored to our clients’ needs.
The PERM Visa application process may seem long and complicated, but understanding the steps and requirements is the first step toward success. From prevailing wage determination to the final petition with USCIS, each stage is crucial to ensuring your application is approved. AnaMaria Rivera Law Firm is here to help you navigate this process and ensure you meet all necessary requirements. Contact us today for more information!
AnaMaria Rivera Law Firm – Your path to a better future begins with the right guidance.
The information included in this blog is for educational purposes and does not constitute legal advice. If you require legal advice, please schedule a consultation with a lawyer.