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.
Only if an employer chooses to withdraw an earlier application and refile the application for the identical job 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.
After the PERM, The I-140 will be completed
The DOL processes applications for Alien Employment Certification (ETA Form 9089).
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 DOL, it should be submitted to the USCIS service center with an I-140, Immigrant Petition for Alien Worker.
You may access the State Department Visa Bulletin to learn which priority dates are currently being processed.
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 hire the foreign worker as a full-time employee; There must be a bona fide job opening available to U.S. workers; 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 unduly restrictive job requirements, unless adequately documented as arising from business necessity.
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
Procedurally, here are the steps as you will be informed by the California Immigration Attorney:
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.
Signature requirement. Applications submitted by mail must contain the original signature of the employer, alien, and preparer, if applicable, when they are received by the processing center. Applications filed electronically must, upon receipt of the labor certification issued by ETA, be signed immediately by the employer, alien, and preparer, if applicable, in order to be valid.
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.
The employer is required to include on the ETA Form 9089 the SWA provided information: the prevailing wage, the prevailing wage tracking number (if applicable), the SOC/O*NET (OES) code, the occupation title, the skill level, the wage source, the determination date, and the expiration date.
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.
If the appropriate National Processing Center approves the application, the ETA Form 9089 is “certified” (stamped) by the Certifying Officer and returned to the employer/agent who submitted the application.
Be sure to ask the California Immigration Attorney if you have particular questions.
