Navigate PERM With A Labor Certification Attorney

As a business owner, you aim to ensure the best for your company. It often involves recruiting talented individuals to join your team. However, there may be instances where qualified U.S. candidates are unavailable, or you can’t find one that fits the role. Fortunately, competency and skills are not limited to any specific nationality. This is where PERM certification comes into play. It enables you to hire foreign workers who are well-suited for the job.

As a U.S. employer, you must grasp the intricacies of the process from recruitment to employment. In this regard, having a skilled labor certification attorney is indispensable. Dive deep into the complexities of the PERM process and its main components. Learn how an immigration attorney who is knowledgeable in labor certification can be a significant boost for your business.

A Labor Certification Attorney Guides You On PERM Complexities

Program Electronic Review Management (PERM) simplifies and oversees businesses recruiting immigrant talent. Its goal is to fairly and efficiently evaluate an employer’s need to hire a foreign worker, which includes showing that no qualified U.S. workers are available for the job. A permanent labor certification through this program allows a U.S. employer to hire a foreign national to work permanently in the country.

As you navigate this employment journey with the help of your immigration lawyer, you will encounter three main stages: recruitment, filing, and employment. An immigration attorney becomes your ally, guiding you through the legalities of the process and submitting the necessary documentation. Working with such a skilled professional can heighten your chances of success.

Hiring a foreign employee requires showing you are willing to pay fair compensation for their job description. To accomplish this, you need to apply for prevailing wage determination.

Application For Prevailing Wage Determination (Form 9141)

The initial step involves applying for a Prevailing Wage Determination (PWD). It ascertains the standard pay rate for a particular job or occupation within a specific geographic area. PWD is a baseline to ensure foreign workers receive a reasonable wage as those U.S. employees in similar positions.

As an employer, you must submit the PWD request to the National Prevailing Wage and Helpdesk Center using Form ETA-9141. You must input accurate and detailed information about the job opportunity. It includes job duties, educational and experience requirements, work hours, and other relevant details.

When you determine the wage that suits your foreign workforce, you can move to the recruitment phase. You can depend on an experienced immigration lawyer for paperwork and other intricate legal details.

Job Order & Recruitment

The next crucial step is the recruitment process. As outlined in the PERM regulations, this process also involves placing a job order with the State Workforce Agency (SWA) and engaging in additional recruitment efforts. Remember that PERM labor certification requires you to make this job available to U.S. workers first.

You must also place a job advertisement in two Sunday editions of a local newspaper with wide circulation in the area where the position is based. The ad must include your business name, application instructions, a concise job description, and relevant factors such as job location or travel requirements. Once you’ve posted the job order, it must remain active for a minimum of 30 consecutive days, including weekends.

When the job order expires, you must wait at least 30 days before filing your ETA 9089 Form or the Application for Permanent Employment Certification. The waiting period allows potential U.S. applicants to apply for the position after the job order has been posted.

You may also select any combination of three additional recruitment methods from the options below. Fulfilling the supplementary recruitment requirement for professional positions is crucial.

• Participating in a job fair with a high probability of attracting qualified applicants.
• Posting an advertisement on the company’s website. Ensure to maintain records of internet screenshots capturing these ads.
• Utilizing a job search engine other than the company’s website.
• Engaging in on-campus recruiting if the job does not mandate several years of relevant experience.
• Advertising with a trade or professional organization, which may involve placements in pertinent academic or professional journals.
• Employing the services of a private employment firm. Keep copies of all contracts and correspondence exchanged with the firm.

After exploring all options to recruit people to work for your company, you wait and anticipate the applicants, evaluating who fits the role. Then, you can proceed to the next step: employment.

Application For Permanent Employment (9089)

After completing the recruitment process, you advance to the final stage by submitting Form ETA 9089 or the Application for Permanent Employment Certification. You use this to get labor certification from the Department of Labor (DOL).

The DOL meticulously reviews the submitted forms. Upon approval, they grant the employer the green light to proceed with the subsequent steps in the employment process. It entails filing an immigrant petition with the U.S. Citizenship and Immigration Services (USCIS).

You can now utilize the form I-140 or Immigrant Petition for Alien Worker. You use this form to petition for your foreign workers on an immigrant employment-based visa. It can establish their eligibility for permanent residence status.

With all the processes and forms to fill out, knowing you have a skilled attorney to guide you is a relief. Their work continues to bring foreign workers to the United States to thrive with you.

Petition For Your Foreign Employee

Running a company is a considerable undertaking. Therefore, you will value every diligent employee who contributes to your success. If they are from a different country, consider prolonging their stay by petitioning for them. With this, you must know the step-by-step process of doing so.

Meet The Eligibility Criteria

Before heading into the petition process, your prospective workers must satisfy the eligibility requirements. Note that various categories fall under the employment-based petition. 

• EB-1 (Employment-Based First Preference): Reserved for individuals with extraordinary ability, researchers, outstanding professors, and multinational managers or executives.
• EB-2 (Employment-Based Second Preference): Applicable to professionals with advanced degrees or exceptional ability.
• Other Categories: The immigration landscape encompasses various categories catering to specific skill sets and qualifications. These categories provide flexibility for employers seeking to sponsor foreign employees with diverse expertise.

To satisfy these requirements, they may need supporting documents to prove their degrees or specialization. If you are through this phase, you can file the petition for them.

Submit Form I-140

Form I-140 is the linchpin in securing permanent residency for foreign employees. As an employer, you will submit this petition affirming your intent to employ the foreign worker long-term in a specific job role. You must meticulously complete it. Include details about the foreign employee’s qualifications, the offered position, and the company’s ability to meet the terms of employment.

Approval & Priority Dates

Once you have submitted Form I-140 to the USCIS, the next phase involves waiting for the petition’s approval. During this period, USCIS reviews the petition to ensure it meets all the requirements and that you and the foreign employee have provided accurate and sufficient documentation.

Simultaneously, you must also monitor the availability of priority dates. Priority dates are crucial in the employment-based immigration process and are determined by the visa bulletin issued by the U.S. Department of State. These dates indicate when a visa number will be available for the foreign worker based on their preference category and country of origin.

Upon approval and when a visa number becomes available, the foreign worker can move to the next steps in the Green Card process. 

Adjustment Of Status Or Consular Process

Adjustment of Status (AOS) and Consular Processing represent pivotal pathways toward obtaining permanent residency for eligible foreign workers. AOS applies to those physically present in the United States seeking to transition to lawful permanent resident status without leaving the country. 

To initiate this process, the foreign worker typically files Form I-485, Application to Register Permanent Residence or Adjust Status, with the USCIS. Upon approval of Form I-485, they can obtain their Green Card without the need to leave the country.

On the other hand, Consular Processing is the alternative pathway for foreign workers who are residing outside the United States. Through this, they apply for an immigrant visa at a U.S. consulate or embassy in their country of residence. This process involves submitting various forms and documents, including Form DS-260 or the Immigrant Visa Electronic Application, and attending an interview at the U.S. consulate or embassy.

Hire An Immigration Lawyer In San Antonio

Lozano Law Firm assists you in navigating through the legalities and complexities of PERM labor certifications. Its team of immigration attorneys has the skills and compassion to actualize your business objectives. They assist in developing comprehensive strategies for your application, addressing potential issues, and crafting contingency plans for unforeseen circumstances. You can be confident in bringing capable immigrant talents into the United States with Lozano Law Firm by your side.

Summary

The immigration journey for employers seeking to hire foreign workers involves intricate steps and numerous forms. From navigating the complexities of the PERM process to determining prevailing wage rates, meticulous attention to detail is essential. Collaborating with an immigration attorney knowledgeable in labor certification can streamline this process.

Understanding the nuances of immigration law is crucial for employers who aim to sponsor foreign talent successfully. The procedure encompasses more than just submitting paperwork; it requires a strategic approach to fulfill stringent legal criteria and timelines. An immigration attorney with knowledge in this field assists in managing the procedural intricacies and provides valuable insights into compliance with federal regulations. This partnership ensures that hiring foreign workers is conducted efficiently, reducing the likelihood of costly errors and delays.