The process of immigrating to the United States through employer sponsorship involves three main stages and something known as the Program Electronic Review Management (PERM) system. Two of these stages are important to understand because they are entirely the responsibility of your prospective employer. The first and most complex of these is the labor certification process, which is required for virtually all petitioners who fit into the EB-2 or EB-3 categories for immigrant workers.
Making sense of the PERM system, which is used to receive and process labor certification applications, can be challenging even for employers who have hired foreign employees before. Thankfully, our knowledgeable immigration attorneys could help both employers and their potential immigrant workers. If you want to bolster your workforce or direct your employer through the sponsorship process, seeking help from a Naperville PERM lawyer should be a top priority.
The reason why the Department of Labor requires certification for many prospective immigrant employees is to ensure that American companies do not look for cheaper labor workers without first searching for qualified people here. During the certification process, there are several steps that employers must take to test the U.S. labor market before they can formally sponsor a potential immigrant through the PERM system.
First and foremost, establishing a fair wage for the scope, location, and duties of the job position in question is crucial. This is not just a matter of doing internal research and coming up with a compensation offer, but instead involves filing an official wage determination request from the Department of Labor. A Naperville PERM attorney could provide irreplaceable assistance with obtaining this information as quickly as possible.
After an employer works with the Department of Labor to pinpoint a prevailing wage, they must then definitively establish the title, duties, working conditions, and salary associated with the position they want to fill, as well as minimum requirements for education and past experience that would make a potential immigrant the ideal candidate.
Then, with these established requirements in mind, the boss or business owner must make good-faith efforts for at least a month and up to a maximum of six months to find a qualified worker in the United States willing to take the job. As a representative who understands the PERM program could further explain, this process must include advertising the position in several places where workers in the industry and geographic area commonly look for new jobs, placing a job order with a State Workforce Agency, and posting the new job opportunity at the proposed work location for 10 or more business days.
If an employer does not find a suitable American worker during this timeframe, the Department of Labor and the PERM program will likely let them pursue a foreign national. Testing the labor market can be an uphill battle for someone who has little experience with the PERM process, but our dedicated Naperville lawyers are here to help.
It is key to remember that even if you meet all the requirements and navigate the process carefully, obtaining labor certification through PERM could quickly become complicated if you make any mistakes when submitting documents or testing the labor market. Therefore, guidance from a seasoned legal professional can go a long way towards minimizing the risk of your business plans being sidetracked.
Fortunately, a Naperville PERM lawyer could provide the support and professional advice you need during this phase of growing your company or seeking employment as a foreign national. Reach out today to learn more about the best next steps.
