PERM: The First Process in Employment Based Petitions
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. Moreover, a California Immigration Attorney , in most instances needs to be contacted. Firstly, he U.S. employer can submit an immigration petition to Immigration. However, prior to that point, your employer must obtain an approved labor certification request from the Department of Labor.
Moreover, the Department of Labor must certify that there are no qualified U.S. workers able, willing, qualified and available to accept the job. However, it must be at the prevailing wage for that occupation in the area of intended employment. Additionally, it must show that employment of this person will not adversely affect the wages and working conditions other U.S. workers.
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. In other words, under the rule in effect at the time of filing. Firstly, only if an employer chooses to withdraw an earlier application and refile the application for the identical job.
Refiling a previously filed PERM
This would be an opportunity under the refile provisions of PERM will a previously filed application be processed under the PERM regulation. Thus, a California Immigration Attorney will let you know that the PERM is the most important part of the Green Card process. Note that if you filed your PERM prior to April 30, 2001, you might be under 245(i), and therefore, able to adjust even though out of status for all these years.
DOL or Department of Labor will Certify if there are no available workers
The Department of Labor processes PERM applications. Firstly, the date the labor certification application is filed is known as the filing date and is used by USCIS and the Department of State as the priority date. After the labor certification application is approved by the Department of Labor, you send it should be sent to Immigration. You may access the State Department Visa Bulletin to learn which priority dates are currently being processed. Moreover, 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.
As a California Immigration Attorney will inform you, these are the basic requirements for the PERM. The employer must hire the foreign worker as a full-time employee. There must be a real job opening available to U.S. workers. Additionally, job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the worker’s qualifications. In addition, the employer shall document that the job opportunity has been and is being described without job requirements that are not normal or usual. Notwithstanding, this could happen if it is adequately documented as arising from a real business need. Moreover, The employer must pay at least the normal prevailing wage for this type of job.
Lots of Procedures needed for PERM. Make sure it is done right.
Procedurally, here are the steps as you will be informed by the California Immigration Attorney. The employer must complete the PERM Application. The form number is known as ETA Form 9089 . The application describes in detail the job duties, educational requirements, training, experience, and other requirements. The potential employee must be qualified to do this work. Additionally, there would be a statement of the prospective immigrant’s qualifications.
Additionally, there is a signature requirement. In other words, applications submitted by mail must contain the original signature of the employer, alien, and the preparer. if applicable, when they are received by the processing center. Moreover, applications filed electronically must, upon receipt of the labor certification issued by ETA, be signed immediately by the employer, alien, and preparer. This signature would be needed for the PERM to be valid.
THE Prevailing Wage must be determined in a PERM prior to filing
Prior to filing ETA Form 9089 , the employer must request a form to determine the normal wage for the job position. In other words, the employer is required to include this information on the employment form. Additionally, this form would include various information regarding the job.
Finally, employers submit applications electronically to try to get the PERM approved. Subsequently, the National Processing Center approves the application and if it is approved it will be known as being ‘certified’. Be sure to ask the California Immigration Attorney if you have particular questions.