PERM Labor Certification
Most foreign workers seeking permanent residence will fall in the third employment category (EB-3). Before filing the immigrant petition, applicants must first obtain an approved labor certification through the U.S. Department of Labor (DOL). The online application can only be filed after the employer has taken specified steps to recruit for the position and has failed to find an able, willing, qualified and available U.S. worker.
An increased number of applications are being audited by DOL, emphasizing how critical it is for employers to document their compliance with DOL regulations before filing the application.
D.Ray Mantle works directly with employers to ensure full compliance with DOL regulations.
Job Requirements & Prevailing Wage
The employer must first identify the specific job duties and minimum requirements for the position being offered to the foreign national. For reasons discussed in the Permanent Residence practice section, employees may attempt to influence their employers to raise the requirements to at least a master's degree, or a bachelor's degree with 5 years of experience. The higher the requirements, however, the higher the salary that must be offered to the foreign national once their green card application is approved.
Employers must certify the true minimum requirements for the position, as supported by prior hiring practices and industry standards. Once this is defined, the job description and requirements are submitted to the state workforce agency to determine the prevailing wage for the position.
Recruitment
Employers must engage in a recruitment campaign to determine if there are any available U.S. workers who are qualified, willing and able to perform the job. Required postings include a 30-day job order with the state workforce agency, an internal notice of filing to employees, and two Sunday ads in the newspaper of general circulation for the area.
The employer must also engage in three additional forms of recruitment, such as job search websites, employee referral programs, and the employer's website. Unwaivable filing deadlines require careful tracking of each recruitment step to ensure the final application remains valid at the time of filing.
Audits
PERM applications are submitted online and, in most cases, are processed automatically by the Department of Labor. Now that DOL has eliminated the backlog of pre-PERM labor certification applications, their attention has turned to auditing PERM applications.
D.Ray Mantle gathers all of the required documentation throughout the recruitment process so that employers can be fully prepared if their application is selected for an audit.
Employers Only
Under recent regulatory changes, DOL has stripped foreign employees of any legal interest in the PERM application process, and requires all costs and expenses to be born solely by the sponsoring employer.
D.Ray Mantle is available to answer initial questions employees may have about PERM, but any decision on how to proceed with the application must be made by the employer.
Next Steps
Once the PERM application has been certified, the sponsoring employer has up to six months to file an immigrant petition with US Citizenship and Immigration Services (USCIS) on behalf of the foreign employee. At this stage of the green card process, USCIS is chiefly concerned with:
- The employer's intention and ability to offer permanent employment to the foreign worker;
- The employer's ability to pay the offered salary; and
- The foreign workers qualifications in light of the minimum job requirements stated in the PERM application.
The final step in the green card process is an application filed by the foreign employee requesting an adjustment of status to lawful permanent residence. Read more about critical issues in the adjustment of status process.
Help with PERM Labor Certification
D.Ray Mantle assists individuals and employers in obtaining positive PERM labor certification
results in a timely, personal and professional manner. Your individual
circumstances are carefully reviewed by an experienced immigration attorney to
determine which options are available to you.
Mr. Mantle provides guidance and
help in gathering the necessary information and documents for your case,
prepares all of the necessary application forms, and also ensures that your
final application meets all government requirements. Learn how an
experienced immigration attorney can help you reach
your immigration goals.
If you would like to understand more about the petition process and to find out if you
can qualify for a green card, please contact D.Ray Mantle for a consultation.