Permanent Labor Certification (PERM) Lawyers For Employers Seeking Global Talent
For employers seeking to sponsor foreign nationals for employment in the United States, securing a permanent labor certification through the U.S. Department of Labor (DOL) may be a mandatory first step. This step is completed through the Program Electronic Review Management (PERM) system. It’s a prerequisite for most employment-based green card applications.
Meeting the labor certification requirement can be both complex and challenging, demanding meticulous attention to detail and a thorough understanding of immigration law. At Rifkin & Fox-Isicoff, P.A., we stand as your strong legal partners. With offices in Miami and Lima, Peru, we provide comprehensive immigration law services for corporate clients and employers around the globe. Our team includes Florida board-certified immigration specialists who are leaders in the field. Employers benefit from the collective experience of our entire team. We take a very hands-on approach, with a partner involved in every case we handle.
What Is Labor Certification?
The PERM/labor certification process is a mandatory step for most employer-sponsored immigrant visa petitions and some types of nonimmigrant (temporary) work visas. Employers must prove that there are not any qualified American workers for the position and that hiring a foreign national will not adversely affect the job opportunities, wages and working conditions of U.S. workers.
The PERM Process
The PERM process is the framework established for obtaining labor certification. It involves multiple stages, including job definition, recruitment efforts and prevailing wage determinations.
At Rifkin & Fox-Isicoff, P.A., our labor certification attorneys can navigate this step to streamline the process for you. Our team is well-versed in the intricacies of PERM. We can anticipate potential challenges and roadblocks to put our strongest foot forward. By managing everything from the prevailing wage determination to the final submission of the PERM application, we conduct every step with precision and in compliance with all regulatory requirements. Our goal is to make the PERM process as smooth and stress-free as possible for our clients.
Frequently Asked Questions About The PERM Process
Employers seeking to hire foreign workers permanently in the United States must navigate the PERM process. Here are some frequently asked questions to help you understand and manage this comprehensive procedure efficiently.
What is the purpose of the PERM process?
The PERM process helps U.S. employers hire foreign workers permanently. It ensures that hiring a foreign worker will not negatively affect U.S. workers’ job opportunities, wages and working conditions.
What are the steps involved in the PERM process?
First, you need to complete a job analysis. This step defines the duties and requirements of the position. Next, you must conduct recruitment efforts to test the labor market. You will advertise the job to ensure that no qualified U.S. workers are available for the position. After recruitment, you file ETA Form 9089 with the Department of Labor (DOL). This form details the job duties, recruitment efforts and results.
How long does the PERM process typically take?
The duration can vary significantly. Generally, it takes about six to 10 months from start to finish if there are no audits or additional queries from the DOL. The process could extend to over a year if your application is audited. Timelines can change, so it is advisable to stay updated through the DOL website or your attorney.
What documentation is required for the PERM application?
You need several documents:
- Provide proof of recruitment efforts, including job postings and results
- A detailed job description showing the minimum requirements for the job
- Business information to prove the legitimacy of your company
- The prevailing wage determination from the DOL
- Completed ETA Form 9089
Each document plays a crucial role in verifying the need for a foreign worker and the absence of a suitable U.S. worker.
The PERM process can seem daunting at first. However, with careful preparation and attention to detail, you can navigate it successfully. Remember to keep all your documents organized and follow the guidelines closely. If you need more help, we can provide guidance tailored to your unique situation.
Your Partners In The PERM Process
Here, we don’t just process applications; we build pathways to immigration success. Our meticulous and thorough approach, combined with our decades of immigration law experience, makes us uniquely equipped to handle your immigration needs. Schedule a consultation today by calling 305-424-2645 or sending us an email.