If you plan on hiring a foreign national to work permanently for your company—particularly for EB-2 and EB-3 visas—it is crucial that you are familiar with the necessary labor certificates. An experienced green card attorney could assist you with this process.
The Program Electronic Review Management (PERM) system is the Department of Labor’s current labor certification process. It has been in place since 2005 and is used as part of a number of immigrant visa applications. Let a PERM labor certification lawyer help you with this important step.
In the United States, hiring professionals permanently from outside of the country is more complicated than simply extending an offer. Before the U.S. government will even consider most employer-sponsored permanent residence (“green card” applications), the employer must first secure a labor certification issued by the United States Department of Labor (DOL). Securing these PERM certificates can take time and effort, but a good business immigration lawyer can help.
For this process, an employer ultimately has to submit the ETA Form 9089 to the DOL after completing various preliminary steps. This document confirms to the U.S. government several important facts, most notably that there are no professionals within the U.S. who are able, qualified, and willing to take on this role. If there are any signs that individuals in the country would be willing and able to fill this role (meet the minimum requirements), certification will not be granted.
The DOL will carefully scrutinize the job requirements for the specific position. It must be for a permanent, full-time role as opposed to temporary or seasonal work. The company may not tailor the requirements to fit a specific individual. Instead, it should include job details that are typical in the industry.
Employers also must be able to show that hiring a foreign professional will not have a negative impact on those already employed in this country. That includes proof that the prevailing wage will not be lowered or that work conditions will not be diminished.
PERM regulations are complex, and the obligation to get them right falls onto the shoulders of the employer. Having the support of a good PERM certification attorney is critical.
Most of the time, the entire process takes between 18 and 24 months from beginning to end. The paperwork to initiate an application is extensive and can take time to complete. Seeking out a PERM labor certification attorney is a good way to avoid extensive delays.
The duration can take even longer in the case of a PERM audit. An audit is a request for additional information from the U.S. government. Often, they are done to confirm the foreign national has a standing offer of employment and that the company is legitimate. They might ask for proof surrounding the job requirements and duties, the recruitment process, or the background of the company. Even when handled appropriately, an audit could add six months or more to the total amount of time this takes.
If you plan on hiring permanently from outside of the United States, you will need to first secure approval from the DOL. This step can take time, and a mistake on your part will only add to the delays. Reach out to a good PERM labor certification lawyer as soon as possible to learn more.
