PERM Labor Certification
PERM labor certification is a process whereby employers obtain permanent residency for their employees. Oftentimes, their employees are in non-immigrant visa categories such as H-1B or L-1, among others. PERM certification allows an employer to make these non-immigrant employees into permanent employees. In other words, PERM certification results in the employee obtaining permanent residency, also known as the green card. This is beneficial both to the employee and the employer and is generally viewed as a "win-win" scenario.
PERM Labor Certification Process Overview
For foreign nationals hoping to obtain a green card through employment and gain permanent residency in the US, PERM Labor Certification is an essential stage in the process. Employers must prove through this process that there are no competent workers available in the U.S. for the post being offered to the foreign national.
Below are some key aspects of the PERM Labor Certification process:
- Job Requirements: Employers must establish specific job requirements, including education, experience, and skills, to demonstrate the need for hiring a foreign national.
- Recruitment: Employers are required to conduct recruitment efforts to test the U.S. labor market for qualified candidates before filing the PERM application.
- Prevailing Wage: Employers must obtain a prevailing wage determination from the Department of Labor to ensure that the foreign national will be paid the prevailing wage for the position.
- PERM Application: Once the recruitment process is completed, the employer can file the PERM application with the Department of Labor, providing evidence of their recruitment efforts and compliance with all requirements.
Our employment immigration attorneys at Yekrangi & Associates have extensive experience guiding employers and foreign nationals through the PERM Labor Certification process, ensuring compliance with all regulations and maximizing the chances of a successful outcome. To learn more about how we can assist with your employment-based immigration needs, contact us at (949) 478-4963.
How Does One Initiate Perm Certification?
Many times, employees wish to initiate the PERM certification process because they are eager to get their green cards. However, it is important to note that the PERM certification process must be initiated by the employer, not the employee, and ultimately, it will be the employer that petitions for the employee. This process cannot start without the consent and active cooperation of the employer.
Although the employee receives a substantial benefit from the PERM certification process, it is the employer who is the beneficiary of the application and the client of the employment immigration attorney.
The first step in initiating the process is by consulting with an experienced Orange County immigration attorney. During this consultation, the goals of the employee and employer are discussed. After an agreement has been reached, the immigration law firm will begin the complex process of PERM certification.
This requires filing prevailing wage requests with the Department of Labor, cooperating with the employer's human resources department in the recruitment process, and ultimately, filing all the necessary documents and petitions for a successful PERM certification.
What Employees Are Eligible for Perm Certification?
Any employee in valid immigration status, who has permission to work, also known as work authorization, is eligible. The most common examples are individuals on H-1B visas, although many other visa categories with work authorization are eligible.
Why Work With An Employment Immigration Attorney?
At Yekrangi & Associates, our seasoned immigration lawyers can help you navigate the PERM Labor Certification procedure, making sure that all prerequisites are satisfied and that all supporting material is timely and accurately provided. We are aware of the intricacies involved in immigration law and put forth great effort to support our clients in achieving their immigration goals.
Benefits of working with our immigration law firm for your PERM Labor Certification include:
- Personalized guidance and support throughout the process
- Thorough review of job requirements and qualifications
- Expert preparation of all required forms and documentation
- Timely communication and updates on your case status
Contact the Immigration Yekrangi & Associates
PERM certification is an extremely complex and timely process. There are several agencies involved, including the Department of Labor and the United States Citizenship and Immigration Service (USCIS). A skilled Orange County immigration lawyer can seamlessly guide an employer through the PERM process.
To schedule an initial consultation with us today, don't hesitate to contact us at (949) 478-4963.
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