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Navigate the Complexities of Labor Certification (PERM) with Expert Legal Guidance
Don’t Miss This Window Of Opportunity!
Secure your foreign worker’s green card by ensuring full compliance with the PERM process at every step, minimizing delays and maximizing success.
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Introduction
Labor Certification (PERM) is a critical first step in obtaining a green card for foreign workers. Full compliance with U.S. Department of Labor (DOL) requirements is crucial to avoid costly delays or denials.
Streamlined Process: Let us guide you through every step to ensure your PERM application is accurate and completed in a timely manner.
Risk Reduction: Minimize the risk of audits and delays with our expert handling of your PERM filing
Maximized Success: Ensure the job requirements and recruitment steps meet DOL standards for the best chance of approval.
Eligibility Criteria:
Employers seeking to hire foreign workers for permanent positions in the U.S.
Employers who need help ensuring that the wage and recruitment steps align with DOL regulations.
How It Works
Step-by-Step Process
01
Define Job Requirements
We begin by defining the essential job duties and the minimum qualifications required. These must align with U.S. industry standards and are designed to meet DOL regulations without being tailored to the foreign worker’s specific qualifications.
02
Obtain Prevailing Wage Determination (PWD)
Next, we assist in requesting a Prevailing Wage Determination (PWD) from the DOL’s National Prevailing Wage Center to ensure the wage meets market standards and doesn’t adversely affect U.S. workers.
03
Conduct a Good-Faith Recruitment Campaign
With the PWD in hand, we manage the necessary recruitment steps, including placing job orders with state agencies and running advertisements. We ensure all activities comply with DOL timeframes and regulations.
04
Review Applicants and Document Efforts
We carefully review the applications received during the recruitment period, ensuring any qualified U.S. worker is identified. If no qualified U.S. worker is found, we ensure all recruitment efforts are thoroughly documented to protect against potential audits.
05
File Form ETA-9089
Once recruitment is completed, we file Form ETA-9089 with the DOL, ensuring that every detail is accurate and compliant with DOL regulations to avoid delays or rejection.
06
DOL Review and Certification
The DOL will review the application, and most cases are processed electronically. In the case of an audit, we will guide you through the process to ensure compliance and a smooth resolution.
What to Expect
- Processing Times:
The PERM process can take several months. While most cases are processed electronically, some may be selected for audit, which can result in an extended processing time. We’ll keep you informed and ensure that each step proceeds as efficiently as possible. - Audit Risk:
While the PERM process can involve audit risks, our team takes proactive steps to minimize these risks and is prepared to assist with any audit if it arises.
FAQ
How long does the PERM process take?
The PERM process typically takes several months. The Prevailing Wage Determination can take a few months, and the DOL review time after filing the ETA-9089 may vary. We’ll keep you updated throughout each stage of the process.
What happens if a qualified U.S. worker applies during the recruitment?
If a qualified U.S. worker applies and meets the job requirements, the PERM process cannot proceed for that position at that time. The employer must show that no qualified U.S. worker is available for the role.
Can I begin the PERM process without a Prevailing Wage Determination?
No. The PERM process cannot begin until you have received a Prevailing Wage Determination (PWD) from the DOL. This is required to ensure the wage is appropriate for the position and location.
What happens if the DOL audits the PERM application?
If your application is selected for audit, it may take additional time for the DOL to review your case. We will help you gather the necessary documentation and respond to any audit requests promptly to avoid further delays.
What are the next steps after the PERM Labor Certification is approved?
After the PERM is certified, the next steps include filing Form I-140 (Immigrant Petition for Alien Worker) with USCIS, followed by either Adjustment of Status (Form I-485) or Consular Processing, depending on your situation. We’ll assist with every step of the green card process.
Are there additional recruitment steps required for professional occupations?
Yes. For professional occupations, you must complete at least three additional recruitment steps from a list provided by the DOL, such as posting the job on job boards, university recruitment, or using employment agencies. These steps help ensure that U.S. workers have a fair chance to apply.
Can we expedite the PERM process?
Unfortunately, there is no expedited process for PERM Labor Certification. However, we make sure every step is completed efficiently to minimize delays, ensuring all requirements are met correctly from the start.
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