Foreign workers are eligible to work permanently in the United States through green card sponsorship. As part of a green card application, employers must certify that the worker was recruited and hired in accordance with federal and state labor laws. Permanent labor certification, also known as PERM, is a critical step in this process.
Labor certification can be lengthy and difficult to handle on your own, even for employers that are familiar with its requirements. If you and your employer are working through this certification, you may want to have a Lombard PERM lawyer on your side. The employment visa attorneys at Godoy Law Office offer comprehensive immigration services and could assist you with every step of the green card process.
The three main steps of the PERM process are, essentially, an employer’s responsibility. These stages are intended to ensure that no other American worker is available for the position being filled by a foreign worker. In other words, PERM certification exists to protect U.S. workers from displacement.
Additionally, PERM labor laws include safeguards, such as wage protections, for the foreign nationals who are seeking employment in the United States. Before an employer begins to recruit for the position, he or she must determine how much a worker should be paid based on similar compensation for the role. This assessment is known as prevailing wage determination, or PWD.
Once the employer is ready to post an advertisement for the position and begin recruiting, PERM certification requires that he or she complete the following steps:
Employers must create an advertisement for the role and post it in specific locations. While job posting requirements vary by state, the employer must list the job in at least two places, such as local Sunday newspapers or state workforce agencies. The posting must run for at least 30 days.
There are also specific requirements about what an employer should include in the job advertisement, including where the job is located and the job description.
As the employer reviews submitted resumes and begins the interview process, any qualified candidates should be contacted for an interview.
The employer must keep records of any applications received for the job posting. To ensure compliance with PERM certification, employers may be audited and could be required to hand over their records of resumes received for the position in question.
Finally, there are important deadlines that employers must follow as they conclude the recruitment process. For instance, the employer cannot file the ETA Form 9089 until 30 days have passed since the job posting expired.
When the employer is ready to submit ETA Form 9089, he or she will need to include information about the selected candidate’s qualifications and the employer’s recruitment process. Then, once the Department of Labor (DOL) approves the PERM certification, additional steps must follow to complete the green card application.
If an employer or potential immigrant needs further guidance when it comes to understanding the basics of PERM, a knowledgeable attorney in Lombard could answer a wide array of questions.
As mentioned above, the PERM process can be complicated, even if an employer has successfully navigated the stages in the past.
Additionally, both the potential employee and the employer are invested in the certification process. A lawyer’s help could be especially beneficial as a neutral advocate assisting both parties through the DOL’s requirements. For instance, a PERM attorney serving Lombard could:
This variety of services highlights the many reasons that potential immigrants or sponsoring employers should work with a PERM lawyer in Lombard.
Dealing with the immigration system on your own is often a major challenge. Thankfully, a Lombard PERM lawyer from our team could be there for you every step of the way. Our hardworking team could answer and pressing questions, resolve issues that arise during your case process, handle communications with government agencies, and help an employer respect the existing PERM process. To get started, contact us today for a consultation.