Immigration Lawyer in Ohio
PERM / Labor Certification Process
The United States of America has, for centuries, been viewed worldwide
as a land of prosperity where anyone could go to fulfill their dreams
and achieve their goals. The unfortunate fact, however, is that the U.S.
economy cannot stand up to the pressure of unlimited immigration in any
given year, as there are only a certain number of employment positions
available at one time. Further complicating the matter is the fact that
many alien workers would gladly accept a lower wage than most citizens
in exchange for the opportunity to live and work in this country. In an
effort to shield U.S. workers from the possibility of reduced wages and
unemployment as a result of immigration, the government imposes the requirement
of labor certification upon companies seeking to hire immigrants with
certain types of
employment-based permanent resident visas.
Before a foreign national can obtain an EB-2 or EB-3 work visa to gain
permanent residence in the U.S., he or she must be the subject of an approved
petition filed by a sponsoring employer. In turn, the employer must first
have secured labor certification from the Department of Labor. The process
of obtaining such certification involves demonstrating that there are
not enough qualified and available U.S. workers who are willing to fill
the offered position at the prevailing wage and that the hiring of an
alien worker will not have a negative effect on the wages and working
conditions of U.S. workers holding similar positions. Certain types of
employment immigration visas are not subject to the labor certification
requirement, on the grounds that they are intended for individuals with
outstanding skill and ability or for investors who will be creating new
jobs for U.S. workers.
About the PERM System
The Program Electronic Review Management system, known as PERM, is a relatively
new approach to labor certification. Whereas older processes could require
extended periods of time to gather, process, and verify the information,
PERM is intended to make it possible to complete the process within 60
days. Once the Department of Labor has granted labor certification to
the business seeking to hire an immigrant, the U.S. Citizenship and Immigration
Services offices are notified so that the petitioner can proceed with
the next step in the process with a minimum of delay.
Contact an Ohio immigration lawyer at Robert Brown LLC today to learn more about your available options.