Before immigrant employees can permanently live and work in the United States, their U.S.-based employers must first complete the PERM certification process. PERM stands for “Program Electronic Review Management” and is the system that employers must use to obtain labor certification before hiring immigrant workers to work for them.
If you are a local employer hoping to obtain PERM status, a Bolingbrook PERM lawyer from Godoy Law Office could help you navigate this complex process. Our employment visa attorneys understand the requirements that employers must meet to obtain PERM approval and know how to apply for this certification. We invite you to review your situation with an attorney who could advise you of your next steps during a consultation.
Who Handles PERM Requests?
U.S.-based employers offering jobs to foreign workers must first apply for a labor certification from the U.S. Department of Labor (DOL). The DOL issues U.S. employers a permanent labor certification that allows them to hire employees from abroad to live and work full time and permanently in the United States. Employers must obtain an approved labor certification request from the DOL’s Employment and Training Administration (ETA) before they can use PERM to proceed with bringing an immigrant onto their staff.
Communicating with the DOL might seem intimidating, but a skilled PERM attorney in Aurora could take the lead and establish the right relationships.
How Does the PERM Application Process Work?
There are many parts of the PERM application process that may be confusing or complex to follow. An attorney from Godoy Law Office could help ensure that an immigrant does not miss important steps or overlook deadlines that could delay his or her application. Additionally, even if someone has hired immigrant workers before, he or she may still want to consult with an attorney to make sure the correct paperwork is in order.
One of the first things an attorney could do is help prove to the DOL that
- No U.S. workers are qualified or willing to accept the position in question
- Hiring a foreign employee for the position will not adversely affect the wages or working conditions of U.S. employees
A PERM attorney serving Bolingbrook could also help establish that:
- A business is hiring foreign workers with the skills, training, and experience the job requires
- The position is not being tailored to the worker’s specific qualifications
- A company is 100 percent paying foreign workers the prevailing wage for employment
- The employer carried out the required recruitment efforts to show the current U.S. job market does not have a candidate who could complete the position
Concluding all of this might seem challenging, but our firm could take the lead.
Determining the Correct Wage and Test the Job Market
Another critical area where a PERM representative could help an employer is determining the correct prevailing wage for the job. This wage assessment is done to ensure that immigrant workers are not being hired for a lower wage than what would be offered to a U.S. worker. An attorney could help navigate the process of seeking this wage determination from the DOL.
Meanwhile, a legal advocate could advise an employer on how to test the job market with a mandatory recruitment process, which could take some time. An employer must post the position with the State Workforce Agency and other places where people look for jobs, run advertisements for the position in various formats, and allow at least a few months to run the ads and wait for responses. Interviewing job candidates may also require extra time, but our dedicated team members are here to assist.
PERM Certification Requires an Extensive Documentation Process
PERM documentation involves filing a great deal of paperwork, including the Application for Permanent Employment Certification (ETA Form 9089). Consulting with an attorney allows them to determine if their client needs additional forms and review of the application before it is submitted to the DOL for approval. Employers applying for PERM certification should keep all documents submitted to the DOL on file for reference.
Generally, the entire process involves time-sensitive timelines and deadlines and paperwork that must be accurate and on time. Working with a Bolingbrook PERM attorney could help keep your case on track and keep you updated about your application’s status.
If the application is denied, an attorney could review it to find out why and handle an appeal for you if needed. They could also advise you on how to proceed if the DOL informs you that your application is being audited
Work with a Bolingbrook PERM Attorney for Best Results
Local employers deserve to have the best candidates for the positions they offer. Sometimes, this means they must look beyond the United States to find them. Still, it is the employer’s responsibility to ensure both they and the immigrant workers they recruit comply with U.S. laws. It is also important to know and understand these laws before the process gets underway.
Hiring legal representation to help you complete the PERM application process could be one of the most important decisions you make and help you move closer to hiring the international candidates you want. If you are an employer in the local area and want to hire immigrant workers, call a Bolingbrook PERM Lawyer from Godoy Law Office today for a consultation. We are ready to review your situation, listen to your concerns, and advise you on your next steps.