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PERM Labor Certification

For many foreign workers, the best way for them to qualify for a green card is through the employer-sponsored immigration process. This is a multi-step process and the first step is called the Labor Certification or PERM process.

Before beginning the PERM process, the foreign national must find a U.S. employer who is willing to extend an offer of permanent employment to the foreign national. The employer must also be willing to complete the PERM process on the foreign national’s behalf because this process requires a fair amount of employer involvement.

Once the job offer is confirmed, the employer first obtains the prevailing wage for the foreign national’s job position. This wage is obtained from the Department of Labor (DOL) and represents the minimum yearly salary the employer must pay the worker once the worker receives the green card.

After the DOL provides the prevailing wage to the employer, the employer moves on to the second step in the process which is called the recruitment step. The employer must place a series of advertisements that are designed to inform potential U.S. workers of the job position offered to the foreign national. These advertisements include ads placed in newspapers and on the employer’s website.

The recruitment step is very complex and involved because the advertisements must conform to very specific requirements. It is largely due to the complexity of the PERM ads that leads the vast majority of employers to hire immigration attorneys to help them with the PERM process.

Once the advertisements are placed, the employer must interview any workers who apply for the job. If the employer cannot disqualify a candidate for lawful and job-related reasons, then the PERM cannot continue and the process ends.

However, if the employer receives no resumes or receives resumes only from unqualified applicants, the process can continue to the third step which is the submission of the PERM application to the DOL. The PERM application is made on the ETA Form 9089 and is submitted electronically to the DOL’s special website.

After several months of review, the DOL will approve or deny the PERM application. If the application is approved, the employer can move on to the next part of the sponsorship process which is called the I-140 Petition.

At the Callan Law Firm, P.C. our experienced attorneys successfully process hundreds of PERM applications for employers all across the country every year. Contact us today to learn more about the PERM and I-140 Petition processes, and how our office can help your company sponsor a foreign worker.