When seeking permanent residency in the United States based on employment, you may already expect the process to be lengthy and complicated. However, a Wheaton PERM lawyer could assist you and your employer with every little detail, so it goes as smoothly as possible. An attorney could also help ensure that your necessary paperwork is in order, and that you follow state and federal laws.
A dedicated employment visa attorney from Godoy Law Office is ready to help you with your immigration needs, whether you are just beginning the PERM certification process or are considering your options for seeking permanent residency. Our team assists clients in both English and Spanish, so reach out today.
What Is PERM?
PERM labor certification is part of the green card process for workers seeking employment-based residency in the United States. Both federal and state laws establish requirements for PERM. Broadly speaking, PERM is intended to ensure that foreign workers only fill positions for which no American applicants are available, and that U.S. workers are not disregarded from potential employment opportunities.
While an employee is part of the PERM process, his or her potential employers will need to complete most of the paperwork and legal requirements. This means that both a worker and his or her employer would benefit from the services of a skilled PERM attorney in Wheaton.
How the PERM Labor Certification Process Works
There are several important steps to fulfill PERM certification requirements, including:
Determining Wages for the Position
While PERM certification is generally designed to protect American workers, some aspects of the process are meant to ensure that foreign workers are hired fairly. One of these safeguards includes making a preliminary wage determination (PWD). In this step, employers are expected to conduct research to determine appropriate level of compensation for the position in question. They may use similar or related jobs as a basis for making this determination.
Conducting Good Faith Recruitment
Meanwhile, employers must also abide by specific guidelines to post job advertisements for the position. These advertisements should be located on at least two kinds of job boards, such as a state workforce bulletin and the online job listings for a local newspaper. The listing needs to include any specific or technical information about the role the employee would perform, as our knowledgeable team members can explain. The purpose of these advertisements is to ensure that employers make a good faith effort to recruit American candidates.
Additionally, employers should keep good records of any submitted resumes and interview candidates who could be a good fit for the position.
Submitting Form ETA 9089
Finally, if an employer is hoping to sponsor a prospective immigrant for permanent residence, he or she will need to submit Form ETA 9089 to the Department of Labor (DOL). This form provides the DOL with important details about the selected applicant and how the recruitment was conducted.
All forms submitted for the PERM process must be completed within specific timelines and to the satisfaction of DOL requirements. This is an important reason to consider working with PERM attorney in Wheaton, as he or she could make sure the certification paperwork is in order and adhere to any relevant deadlines.
The Advantage of Working with a PERM Lawyer
While some employers are familiar with the process of obtaining PERM certification, they may run into unexpected roadblocks or updates to immigration laws that they did not anticipate. Fortunately, one of our dedicated lawyers could help both an employer and employee navigate all stages of certification.
Specifically, a representative with PERM experience could:
- Advise the employer regarding all paperwork involved in PERM labor certification and review paperwork before submitting it to the DOL
- Explain legal requirements and deadlines related to job advertisements
- Ensure that the foreign applicant and the employer’s legal rights are protected according to federal and state law
- Advise the employee and employer of all other steps involved in seeking permanent residency
If the employee or employer requires additional legal assistance related to the PERM process, Godoy Law Office is happy to help.
Speak With a Wheaton PERM Lawyer about Your Options
If you are starting to navigate the PERM process, you should not have to worry about whether you are fully in compliance with state and federal laws. Starting today, a Wheaton PERM lawyer at Godoy Law Office could be your advocate. Our team welcomes all your immigration questions and concerns.
Whether you are an employer trying to hire an employee or a green card applicant navigating the requirements for residency, our firm is ready to help. Contact us today to schedule a consultation and learn more about what our attorneys could do for you.