What is PERM?
The Permanent Labor Certification process is used by employers of businesses seeking to hire foreign labor to fulfill employee needs. The PERM process is the purview of the Department of Labor, which makes decisions about allowing workers into the United States as company employees based upon the effect that allowance in a given industry would have on the wages, working conditions, and job opportunities for U.S. workers. Obtaining PERM certification is the first step in the process that an employer must go through in most cases in order to then proceed with immigration authorization from the USCIS (United States Citizenship and Immigration Services).
Can an Employer File Directly for PERM certification with the Department of Labor?
Yes, however, the process can be confusing. An attorney can guide you through the filing process ensuring that all documents are timely filed. Timeliness is paramount because once the certification process has been approved by the Department of Labor the certification is valid only for a period of 180-days. During this 180 certification validity period the employer or its agent must follow up with the USCIS and file Form I-140, the Immigrant Petition for Alien Worker.
How Does the DOL Make Decisions Regarding PERM Certification?
As mentioned previously in this article, the DOL must weigh the needs of United States workers when deciding whether or not to grant PERM Certification in any particular instance. However, it is the employer that must make a persuasive case to assist the DOL in making this decision in the employer’s favor. Ideally, the employer will be able to demonstrate to the DOL that there is a shortage of workers in the U.S. for the role the employer is attempting to hire foreign workers for. Our firm can assist your business in achieving this objective.
When Does PERM Certification Apply?
For an employer seeking to place a foreign citizen or citizens as an employee in its business, that employer may be required to obtain PERM Certification if the employee is to work on a permanent basis, on a temporary work visa, or if attempting to sponsor that employee based on a green card. Again, our firm is positioned to guide your company through this process, handling legal issues and filing deadlines as they arise.
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