PERM

PERM Labor Certification: U.S. Green Card Sponsorship for Employees

The PERM Labor Certification process is the first step for U.S. employers seeking to sponsor foreign workers for permanent residency (Green Card). It’s designed to ensure that no qualified U.S. workers are available for the position, and that hiring a foreign worker won’t adversely affect wages or working conditions for U.S. employees. With over 25 years of immigration law experience, The Dhanani Law Firm helps employers and foreign workers navigate the complex PERM process, ensuring compliance and minimizing delays.

What Is PERM?

PERM (Program Electronic Review Management) is a labor certification process overseen by the U.S. Department of Labor (DOL). It is required for most employment-based Green Card categories, including the EB-2 and EB-3 visas. Through PERM, the employer must prove that they have conducted a fair recruitment process and that no qualified U.S. workers are available for the position, making it necessary to hire the foreign worker.

The PERM process requires employers to conduct a series of recruitment efforts, comply with wage and labor standards, and submit a detailed application to the Department of Labor.

Who Needs PERM Labor Certification?

PERM is typically required for foreign workers who are seeking permanent residency through employment-based Green Cards in the following categories:

EB-2 Visa: For professionals with advanced degrees or individuals with exceptional ability in their field.
EB-3 Visa: For skilled workers, professionals, and certain unskilled workers.

Certain categories, such as EB-1 visas for executives or individuals with extraordinary ability, do not require PERM certification.

Challenges in the PERM Process

The PERM process is highly regulated and can be challenging due to:

Strict timelines for recruitment efforts and application filing.
Potential audits by the Department of Labor, which can delay the process.
Complex job descriptions and qualification requirements, especially for high-skill or niche roles.

Errors or omissions in the recruitment or filing process can lead to costly delays or denials. That’s why it’s critical to work with an experienced immigration attorney to guide you through each step.

PERM Process Overview

The PERM process can be complex, involving several steps to ensure compliance with U.S. labor laws. Here’s an overview of the key stages:

Job Description and Prevailing Wage Determination

The process begins by defining the job role for which the foreign worker is being sponsored. The employer must submit a request to the Department of Labor to determine the prevailing wage for the position, which must be in line with what similarly employed U.S. workers in the region are paid. The employer is obligated to pay the foreign worker at or above this prevailing wage.

Recruitment Process

The employer must conduct a good-faith effort to recruit U.S. workers for the position before proceeding with the foreign worker’s application. This includes: • Posting the job internally at the company. • Advertising in two Sunday editions of a local newspaper in the area where the job is located. • Additional recruitment methods, which may include job postings on websites, job fairs, or on-campus recruiting (depending on the nature of the role). The goal is to demonstrate that there are no qualified, willing, or available U.S. workers who meet the job requirements.

Filing the PERM Application (ETA Form 9089)

Once the recruitment process is complete and it is determined that no U.S. worker is qualified or available, the employer can submit ETA Form 9089 to the Department of Labor. This form includes details of the job, recruitment efforts, the foreign worker’s qualifications, and the prevailing wage determination.

Department of Labor Review

The Department of Labor will review the application to ensure compliance with all regulations. If they find the employer has met the requirements, they will certify the application. However, if there are issues or if the application is flagged for audit, the DOL may require additional documentation or clarification.

I-140 Petition (Immigrant Petition for Alien Worker)

Once the PERM application is certified, the employer can file the I-140 Petition with U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker. This petition establishes the foreign worker’s eligibility for the Green Card based on the approved labor certification.

Adjustment of Status or Consular Processing

After the I-140 is approved, the foreign worker can either file for Adjustment of Status (if they are already in the U.S.) or undergo Consular Processing in their home country to obtain the Green Card.

How The Dhanani Law Firm Can Help You

At The Dhanani Law Firm, we provide end-to-end support for EB-2 visa petitions, ensuring compliance with U.S. immigration law and a smooth application process. With over 25 years of experience, we guide both employers and professionals through the process to maximize their chances of success.

For Employers:

Job Description and Qualification Review: We help you assess the position and the foreign worker’s qualifications to ensure they meet the EB-2 requirements.
PERM Labor Certification: We assist with the entire PERM labor certification process, including job postings, recruitment, and wage compliance, to ensure you meet all Department of Labor regulations.
Petition Preparation: We prepare and submit the I-140 petition, ensuring that all documentation is complete and that the job offer and qualifications are clearly presented.

For Employees:

Qualification Assessment: We review your qualifications to determine your eligibility for the EB-2 visa and help gather the necessary documentation.
National Interest Waiver Applications: For those applying for an NIW, we assist in preparing a compelling petition that demonstrates how your work benefits the U.S. and meets the national interest criteria.
Adjustment of Status: Once your EB-2 petition is approved, we help you with Adjustment of Status (if you’re in the U.S.) or consular processing (if you’re outside the U.S.), ensuring you successfully transition to permanent residency.

Why Choose The Dhanani Law Firm?

With over 25 years of experience in immigration law, The Dhanani Law Firm is committed to helping employers and foreign workers successfully navigate the complex PERM process. We provide personalized, detail-oriented service to ensure compliance with all Department of Labor regulations, reducing the risk of delays and ensuring the best chance of success for your Green Card application.

Start Your PERM Application Today

Ready to sponsor a foreign worker for permanent residency or begin your Green Card process? Schedule a consultation with The Dhanani Law Firm today and let us help you navigate the PERM application process with confidence.