PERM Labor Certification | Silicon Valley, San Jose

PERM Labor Certification

PERM Labor Certification Lawyer in Silicon Valley, San Jose, San Francisco Bay Area, California

What is PERM?

PERM Labor Certification is a pre-requisite for filing an immigrant petition for Professionals with Advanced Degrees or Exceptional Abilities (EB-2) and for Professionals with Bachelor’s Degrees, Skilled Workers, and Unskilled Workers (EB-3).

Labor Certification is not required for a National Interest Waiver (NIW) under the EB-2 category, for the EB-1 and EB-5 categories and for Family Based Petitions. Labor Certification is a lengthy and complicated procedure and we recommend you Contact Us to determine whether you qualify for an exception to Labor Certification or to discuss all of the requirements for this procedure.

Path to Green Card

Obtaining a Green Card based upon the EB-2 and EB-3 categories has 3 stages:

(1)    Applying for Labor Certification with the Department of Labor (DOL), also known
        as PERM;

(2)    Filing an I-140 petition for the immigrant worker with the USCIS; and

(3)    Filing for the Green Card (I-485) when the priority date is current.

Our attorneys have successful experience in all of these areas and can help you and your employees on their path to permanent residence. Contact Us today for a consultation.

PERM Labor Certification Process

-    Job Requirements

The job must be a bona fide job;
It must be full-time; and
Located in the U.S.;
The job requirements must be reasonable;
The job should not involve unlawful discrimination, should not be contrary to law,
and should not be available because of a strike or a lock-out;
The job must have existed before the alien was hired, or the employer must show that there was a major change in the business that occurred after the alien was hired;
An employer-employee relationship must exist;
The employer must demonstrate financial viability and the ability to pay the employee.

- Recruitment

For the Labor Certification to be approved the employer must go through a process of recruitment in order to prove to the DOL that there are no qualified U.S. workers for the position.

- Prevailing Wage

Further the wages must meet the DOL prevailing wage standards.

- Submitting the Application And Creating the Audit File

Once the above requirements are met, the application, Form 9089, can be submitted to DOL for certification. The employer will need to create a file documenting that it has complied with all of DOL’s requirements.

Our attorneys can help you with all stages of the PERM Labor Certification from helping you in drafting the job description, guide you in the recruitment process, obtaining the prevailing wage, submitting the Labor Certification application and helping you to create the audit file.

Contact us today for a consultation.