Permanent Residence via PERM Labor Certification
A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States.
A California Immigration Attorney , in most instances, before the U.S. employer can submit an immigration petition to the Department of Homeland Security’s USCIS, the employer must obtain an approved labor certification request from the DOL’s Employment and Training Administration (ETA).
The DOL must certify to the USCIS that there are no qualified U.S. workers able, willing, qualified and available to accept the job at the prevailing wage for that occupation in the area of intended employment and that employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Getting the green card through employment has three different petitions
PERM Applications essentially will show that there are no available U.S. workers for the position.
A California Immigration Attorney can let you know of all the regulations involved with PERM. under the rule in effect at the time of filing.
Thus, a California Immigration Attorney will let you know that the PERM is the most important part of the Green Card process.
The DOL processes applications for Alien Employment Certification (ETA Form 9089).
The California Immigration Attorney can let you know which countries have backlogs and which do not.
However, if your from India, the California Immigration Attorney will let you know it is years before the visa number will become current.
There are three distinct employment preferences
As a California Immigration Attorney will inform you, these are the basic requirements for the PERM: The employer must pay at least the prevailing wage for the occupation in the area of intended employment.
PERM does not require current employment at the petitioner
Application. The employer must complete an Application for Permanent Employment Certification ( ETA Form 9089 ). The application describes in detail the job duties, educational requirements, training, experience, and other special capabilities the employee must possess to do the work, and a statement of the prospective immigrant’s qualifications.
Prevailing wage. Prior to filing ETA Form 9089 , the employer must request a prevailing wage determination from the State Workforce Agency (SWA) having jurisdiction over the proposed area of intended employment.
You can apply for PERM without any family members
Finally, employers submit applications electronically to the processing center with responsibility for the state or territory where the job opportunity is located approvals.
Be sure to ask the California Immigration Attorney if you have particular questions.
