Perm Labor Certification Lawyers
Perm Labor
Certification Lawyers
We Help U.S. Companies With PERM Labor Certifications
In most cases, an employer may only sponsor a foreign employee to work permanently in the United States if the Department of Labor (DOL) has granted it a permanent labor certification. At Leon Law Immigration, our PERM labor certification lawyers provide comprehensive solutions for U.S. companies that seek to hire foreign nationals to work permanently in the United States. We can help your business prepare for and navigate the DOL’s PERM labor certification process so that you can rely on foreign employees.
The PERM labor certification process aims to ensure that the admission of EB-2 and EB-3 categorized foreign workers will not negatively impact U.S. workers or the market. Therefore, your company must justify the entry of a foreign employee with the DOL. You must also demonstrate that no qualified Americans are available for the position. Proving these criteria takes an extensive pre-filing PERM recruitment process.
The PERM process is long, complex, and challenging to navigate. Your company must comply with many U.S. immigration regulations. A successful application requires comprehensive preparation and knowledge of PERM.
Schedule a Consultation About Obtaining a Labor Certification
Want more information about obtaining a labor certification to sponsor a foreign employee? Contact our business immigration lawyers.
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Perm Process And Prerequisites For Labor Certification
To acquire an approved labor certification application from the DOL, your company must prove that there are insufficient American workers who are able, willing, qualified, and available to accept the position in the intended employment area. You must also prove that the hiring of the foreign worker will not harm the pay and working conditions of American workers who are similarly employed.
The PERM process requires you to advertise and recruit for the position and test the labor market to prove you have met these criteria. Only if you have not found sufficient U.S. workers can your company apply for a labor certification.
When ready to apply, your company must file ETA Form 9089, Application for Permanent Employment Certification, with the DOL. Your company must meet the following prerequisites to get a foreign labor certification:
- The job position is for full-time, permanent employment with the company.
- You must pay at least the average wage rate of similarly employed workers in the chosen employment region.
- The job opportunity has been and is open to U.S. applicants..
- The job requirements must follow what is typically expected of the occupation in the United States. You cannot modify the job requirements to fit the foreign national’s qualifications.
- You must show that the foreign national’s background meets all labor certification requirements.
- Your business must certify that it used legitimate employment-related grounds to reject U.S. applicants.
- Your business must certify that it used legitimate employment-related grounds to reject U.S. applicants.
The DOL may investigate and audit your company’s application. If your application gets audited, you must provide the DOL with supporting documentation from the job recruitment process.
If your business receives a permanent labor certification, then you can file an immigration petition with the United States Citizenship and Immigration Services (USCIS) for the foreign employee.
