Are you a foreign worker seeking a stable career in the United States? A PERM attorney can guide you on the employment-based immigration pathways leading to permanent residency. They can help obtain labor certification by assisting your employer with the legal process.
This article guides you through the process of PERM labor certification. It outlines the steps involved and the essential role of a Green Card attorney. You’ll also learn to obtain lawful permanent residency through this immigration avenue.
A PERM Attorney Is Your Legal Advocate
A skilled immigration attorney legally advocates for foreign workers to complete their requirements, including labor certification. The Program Electronic Review Management (PERM) system is the first step in securing permanent residency through employment.
PERM requires employers to prove that no qualified U.S. workers are available for the position offered to a foreign employee. An immigration attorney guides you through this intricate process, ensuring the employer’s recruitment efforts comply with U.S. Department of Labor regulations.
An experienced attorney helps you avoid common pitfalls that could delay or jeopardize your case. From preparing and submitting applications to responding to audits or denials, they protect your rights and advance your immigration goals.
Overview Of PERM Labor Certification
PERM Labor Certification is a government-issued document that certifies that no qualified U.S. worker is available for the position. Thus, the employer will offer the foreign worker a rate that is at least equal to the prevailing wage for the occupation in the area.
PERM Labor Certification is a requirement for employers seeking to hire foreign workers in these categories:
• EB-2: For professionals with advanced degrees or exceptional abilities.
• EB-3: For skilled workers, professionals, and other individuals who perform unskilled labor that requires less than two years of training or experience.
The purpose of PERM is to protect the interests of U.S. workers. Requiring employers to prove no suitable U.S. worker is available ensures foreign workers don’t take jobs from qualified Americans.
Eligibility Requirements For Certification
The employer must be a U.S. entity with a valid Federal Employer Identification Number (FEIN) and a physical location in the United States. Before applying, they need to obtain a prevailing wage determination from the National Prevailing Wage Center.
Additionally, the employer must demonstrate that no qualified U.S. workers are available for the job. They must ensure that hiring a foreign worker will not negatively impact U.S. workers’ wages or working conditions. Detailed documentation of recruitment efforts and wage information must be provided to the Department of Labor.
The Labor Certification Process
The PERM Labor Certification process involves several essential steps employers must complete to hire a foreign worker. These stages ensure compliance with regulations and proper certification documentation.
1. Job Identification: identify a permanent full-time job opportunity that complies with the relevant Code of Federal Regulations sections, depending on the occupation.
2. Prevailing Wage Determination: Obtain a Prevailing Wage Determination from the National Prevailing Wage Center before applying.
3. Pre-Filing Recruitment: Complete pre-filing recruitment and Notice of Filing as specified by the job category regulations.
4. PERM Application Submission: submit the PERM application online via Login.gov or mail, following the guidelines for efficient processing.
5. Review & Approval: The Department of Labor reviews the application and may request additional information. Upon approval, the employer can move forward with the immigration process for the foreign worker.
With the PERM Labor Certification, the employer and foreign worker have successfully navigated a crucial step in the employment-based immigration process. This critical milestone paves the way for the foreign worker to pursue permanent residency in the United States.
Pathway To Permanent Residency Through Employment
Securing a Green Card through an employment-based Visa involves several critical steps. Each step ensures compliance with U.S. immigration laws and maintains fairness and transparency. Here’s an overview of the essential stages:
Obtain PERM Labor Certification
The first essential step is securing a PERM Labor Certification. Your immigration lawyer will assist in evaluating your eligibility and preparing the required documentation. The process begins with acquiring a prevailing wage determination to ensure the offered salary meets industry standards.
Following this, the employer must conduct a comprehensive recruitment campaign. It includes job advertisements and document responses demonstrating no qualified and suitable U.S. workers for the job. This certification establishes the foundation for moving forward with the employment-based immigration process.
Filing The Immigrant Petition (Form I-140)
The employer or their attorney files Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). This petition must demonstrate that the foreign worker meets the qualifications for the Visa category. Additionally, it should prove that the employer has a valid job offer.
Adjustment Of Status Or Consular Processing
Upon approval of the I-140 petition, the applicant must proceed with either Adjustment of Status (AOS) or Consular Processing, depending on their current location.
Those already in the U.S. can file Form I-485 with USCIS to adjust their status. This process allows them to transition from their existing immigration status to a Green Card holder without leaving the country.
If the applicant is outside the U.S., they must undergo Consular Processing. This involves submitting Form DS-260, Immigrant Visa and Alien Registration Application, and attending an interview at a U.S. consulate in their home country. The Department of State will review and approve the application during the interview.
Green Card Issuance
USCIS grants the Green Card once Form I-485 is approved. Initially, the individual receives conditional permanent residency for two years. Then, they must apply to remove conditions to achieve full permanent residency.
Individuals who complete Consular Processing can enter the U.S. as permanent residents. Upon arrival, they present their travel documents for admission to U.S. Customs and Border Protection (CBP) officers. If admitted, their passport will be stamped, and their Green Card will be sent to their U.S. address.
Given the complexities involved in the Green Card process, seeking support from qualified immigration attorneys is advisable. They help navigate the requirements effectively, address any issues, and ensure a smoother transition to permanent residency.
PERM Attorney Advises On Green Card Application
The Green Card application process through employment can be challenging. A PERM lawyer can guide you through the complexities for a smoother experience, handling each step correctly and efficiently. Here are valuable insights from a lawyer to enhance your application’s success:
Ensure Accurate Documentation
Submit complete and accurate documentation to prevent delays or denials. Review all forms and supporting materials carefully to ensure they meet all requirements and accurately represent your qualifications and job offer. Incomplete documents can lead to application rejections or prolonged processing times.
Adhere To Legal Requirements
Adhere to all legal requirements to avoid complications. Follow labor laws, immigration regulations, and procedural rules throughout the application process. Ensure every aspect of your application, from recruitment to petition filing, meets legal standards. Failure to comply can incur legal challenges affecting your Green Card application.
Stay Informed About Immigration Policies
Keep updated with the most recent immigration policies and regulations impacting your application. Immigration laws change frequently, so review updates and adjust your strategy regularly to stay compliant.
Neglecting to stay informed can result in delays or rejections due to outdated information.
Address Issues Promptly
Respond promptly to ask for additional information or other issues during the application process. Swift responses prevent delays and avoid escalation, keeping your application on track. Neglecting to address problems promptly can result in denials or extended processing times.
Consult With A Skilled Attorney
Consult an experienced PERM attorney. They guide you through the process, prevent common pitfalls, and ensure strict compliance with legal requirements. The complex process requires understanding to avoid costly mistakes. You can avoid delays, errors, or application denial with proper guidance.
Navigating the PERM process toward permanent residency can be intricate, but a reputable immigration firm is here to help. With their skills in employment-based immigration, the firm customizes support tailored to your specific needs.
Lozano Law Firm Can Guide You
Lozano Law Firm offers professional guidance and representation for navigating the PERM certification and Green Card process. We provide personalized attention, tailoring our legal advice and representation to your needs.
Our focus on efficient processing aims to minimize delays and expedite your application while our thorough review identifies potential challenges and develops effective strategies. We also offer dedicated client support, keeping you informed and addressing any questions throughout the process.
We assist with all aspects of the PERM application, including documentation preparation, labor market analysis, and obtaining prevailing wage determinations. Our services also cover advertising and recruitment efforts to demonstrate the unavailability of suitable U.S. workers.
For assistance with employment-based Green Card applications, contact Lozano Law Firm. Our experienced attorneys are ready to support you throughout the process. Schedule a consultation to discuss your needs and discover how we can help you achieve your immigration goals.
Summary
Navigating this employment-based avenue toward permanent residency in the U.S. can be complex. Thus, a skilled PERM attorney is essential. They help obtain labor certification to ensure compliance with legal requirements. These attorneys advise you on accurate documentation, legal adherence, and timely issue resolution.
Lozano Law Firm provides legal guidance through the PERM certification and Green Card process. Our experienced attorneys offer personalized support and streamlined processing and address any challenges you may face.