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Immigration Attorneys Helping Employers and Visa Holders
Many employers seek to hire individuals from other countries who can live and work for them in the United States. Doing so requires certification from the Department of Labor (DOL), and the process can be a bit of a challenge. This process is fairly extensive and requires careful attention to detail at each stage. Our employment immigration attorneys in Florida, Ohio, and North Carolina have experience helping business owners and operators through this system. If you need legal guidance, contact Brown Immigration Law today.
What Is PERM?
Employers who are unable to find enough qualified U.S. citizens who are willing, able, and available to accept a position in their company may have to turn to the foreign workforce to fill this need. “PERM” refers to the Department of Labor’s permanent labor certification which allows employers to hire a non-citizen employee who will live and work permanently in this country. The program was introduced around the year 2005 and was intended to protect U.S. workers.
The government’s reasoning is fairly straightforward: before allowing a company to hire a foreign worker, one who might take the place of an available U.S. citizen, the employer must go through a process of certifying that there are no qualifying citizens who can fill the position in question. This is designed to help the employer run their business without displacing American workers. Meanwhile, foreign employees who want to stay and work in the country can not only do so legally, but can set themselves on the path to receiving a green card.
Which Employment Visas Require Labor Certification?
Applicants for EB-2 and EB-3 visas are required to have a labor certification from the DOL. These letters stand for the Employment Second Preference and Employment Third Preference visas. The types of workers who qualify for these employment-based visas are:
- EB-2: These generally include professionals who hold an advanced degree (beyond a baccalaureate) or who hold a baccalaureate degree with at least five years of progressive experience in their profession. In some cases, an EB-2 visa holder can avoid the PERM process by applying for a National Interest Waiver.
- EB-3: Included in this visa category are skilled workers (they are not temporary or seasonal and their jobs require at least 2 years of training or work experience), professionals (who must have at least a baccalaureate degree for their jobs, from a U.S. or foreign equivalent educational institution), and unskilled workers (those whose positions require under two years of training or experience, provided they are not temporary or seasonal workers).
Holders of both the EB-2 and EB-3 must meet certain criteria before the government will grant the required labor certification. An attorney from Brown Immigration Law can help you understand these criteria, and explain what steps you must take (as a visa holder or an employer) to move through the process.
Which Workers Are Most Likely to Go Through PERM?
It is a common misconception that only white-collar professionals go through the PERM process. Brown Immigration Law has represented workers from many different industries – machinists and cooks as well as doctors, teachers, and engineers. Whether you’re a sheet metal draftsman or scientist studying gene theory, a salon worker or a C-Suite executive, we can help you and your employer through the PERM process.
What Is the PERM Process?
For Visa Holders
If you’re an EB-2 or EB-3 visa holder, you must meet these criteria:
- Determine eligibility: The position that you work must be full-time and permanent, which means lasting for at least a year and with no end date (temporary and seasonal workers do not qualify).
- Sponsorship: You must have an employer sponsor you for permanent residence.
- Application: An attorney can help your employer file the PERM application on your behalf and obtain certification from the DOL that there are no qualified U.S. workers who can do the job.
- Background check and processing: You will need to submit to a background check (e.g. of your medical, security, visa, and criminal histories) and either consular processing or an adjustment of status, depending on your location.
For Employers
These are the basic steps that employers must follow:
- Determine eligibility: Employers must have a valid Federal Employment Identification Number (FEIN) and have a work location within the United States.
- Identify an appropriate job opportunity: If the employer qualifies, it must identify a full-time, permanent job opportunity which a foreign worker may fill pursuant to applicable government regulations.
- Prevailing wage determination: The Office of Foreign Labor Certification must issue a prevailing wage determination before the employer can apply for a PERM.
- Pre-filing recruitment and notice: If applicable, the employer must take certain pre-filing recruitment steps and comply with all relevant Notice of Filing rules.
- Submit the application: Most employers choose to create an online account to file the application, but they may mail in their paperwork.
What Is the Processing Time for Labor Certification?
Processing times for labor certification vary according to such factors as the time of the year, how many applications have already been submitted to the DOL, and the DOL’s backlog. You can find PERM processing times here.
How Brown Immigration Law Can Help with PERM
Our business immigration attorneys in Ohio, Florida, and North Carolina are ready to assist both employers and employees with the PERM application process and answer any questions they may have. More specifically, we assist with the following:
- Determining eligibility criteria: Whether you’re an employer who wants to ensure that your business qualifies for PERM, or you don’t know whether your work visa necessitates a labor certification, we can help.
- Assisting with common application problems: The forms, paperwork, and applications can be confusing, so we are here to steer you in the right direction and ensure all of your documents are in order.
- Understanding the DOL audit: Our firm can also help with the PERM audit process, a DOL review that ensures the employer has complied with all PERM requirements.
- Providing proof of proffered wage: Part of the application paperwork requires that the employer prove their ability to pay their employee the proffered wage, as indicated on the PERM.
- Complying with the recruitment process: Employers must also comply with certain recruitment procedures (including advertising the prospective job) to prove that no eligible U.S. workers are available to fill the position.
Do You Have an Employment Immigration Attorney Near Me?
Brown Immigration Law is proud to serve the legal needs of employers and employees throughout the country. We have offices in Cleveland, Columbus, Raleigh-Durham, Tampa, and Orlando. We’re ready to answer your questions and get started on your legal matter today.
Contact Brown Immigration Law for Help with PERM and Labor Certification
PERM is complicated and there are plenty of ways that either the employer or the employee can make a mistake that jeopardizes their ability to move forward with the process. To help make sure that your paperwork is accurate and is processed in the most efficient manner, connect with Brown Immigration Law. We serve clients not only in Ohio, Florida, and North Carolina, but also nationwide. Complete our contact form or call us at 888-861-4414.
