The majority of American employment-based visa programs demand permanent (PERM) labor certification. Depending on the program, different requirements must be met in order to obtain this, and the application submission is the responsibility of the employer.
What is a Permanent Labor Certification?
A corporation can engage a foreign worker to work in the U.S. on a long-term basis if they get a permanent labor certification from the Department of Labor (DOL). The Employment and Training Administration of the Department of Labor normally has to accept a labor certification application before a U.S. company can file an immigration petition to the USCIS.
The Department of Labor must certify to the USCIS that there aren’t enough American workers who are ready, able, and qualified to carry out the job in the intended location of employment, and the foreign worker’s employment won’t have an adverse effect on the pay and working conditions of Americans who are in similar positions.
Process for PERM Labor Certification
The steps required to receive PERM labor certification are as follows:
Formulating Job Duties
The employer creates a job position and drafts a job description. The job description should contain information on the job titles, duties, required education and experience, supervision, designated location(s), and other pertinent work-specific information.
The employer is required to outline the employment criterion based on DOL requirements and reasonable business practices. Before accepting the offer, the employee must be able to demonstrate that they meet the qualifications for the position.
Education and prior employment must be properly recorded. Future adjustments to job duties, eligibility requirements, or location can call for re-starting the process.
Depending on how quickly you can gather the necessary data from all stakeholders, you can estimate how long this stage will take. It may take two to four months to complete the process.
Deciding Prevailing Wage
The prevailing wage is the lowest amount an employer is legally required to pay a worker based on the job description. The business must show that they have the financial means and willingness to pay the foreign employee at least the average wage for that position as established by the DOL.
To demonstrate its ongoing financial viability, the sponsoring company may be asked to submit supporting documents such a federal income tax return, audited financial statement, or annual report.
The Hiring Procedure
In order to rule out the possibility of a U.S. worker for the position, the sponsoring firm must post the job after receiving the prevailing wage finding. By testing the U.S. labor market, supporting businesses are required to demonstrate that there are no willing and qualified American citizens or lawful permanent residents eligible to fill the openings where the foreign workers are being employed.
To hire foreign labor, the sponsoring employer must have followed legal hiring procedures. The sponsoring corporation must halt the procedure and wait six months before retesting the labor market when a qualified and willing U.S. employee applies for the position.
ETA Form 9089
The PERM application must be submitted as the last stage in the procedure after the sponsoring employer has satisfied these requirements the ETA Form 9089 is submitted. Cases will be evaluated by knowledgeable analysts who will have the ability to flag a suspect case for PERM audit. The recruiting process is examined for inconsistencies when a case is referred for PERM audit.
Holders of permanent labor certifications from the Department of Labor are eligible to apply for green cards, and the priority date is quickly set.
Within 180 days of the PERM approval, the petitioner must submit Form I-140 along with the permanent labor certification. If not, once the certification expires, they will have to repeat the DOL filing procedure all over again.
USCIS will examine the petitioner’s I-140 and determine whether the noncitizen was suitably qualified for the position at the time the PERM application was made. Depending on what kind of visa the application for a green card wants, the requirements will change. One of the most popular is the EB-2 visa.
Cost of Labor Certification and Processing Fee
There are several PERM-related expenses; however, there is no filing charge for Form 9089. The employer files Form I-140 for the benefit of the green card holder, which costs $700. These costs do not include any extra administrative or supplemental costs that might be incurred throughout the hiring process.
Why Choose Pride Immigration?
It’s never a smart idea to go through the immigration procedure by yourself. Any legal situation calls for having an experienced advocate on your side. Pride Immigration’s attorneys are skilled specialists who have spent years assisting companies and foreign-born workers in working and residing in the United States. Pride Immigration is a U.S.-based immigration practice that works to make every step of the application process as easy as possible for you.
Beeraj Patel, Esq.
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