There are several steps you must take before you can hire foreign workers. One of the most important steps is complying with the Program Electronic Review Management (PERM) system. PERM certification is necessary to ensure companies only hire non-residents when the domestic labor pool is unable to meet their needs.
This process can be complicated, and errors can be costly. Before you attempt PERM labor certification in Glendale on your own, consider discussing your options with our firm. Our dedicated business immigration attorneys could help you get the results your operation deserves.
There are two distinct reasons why Glendale businesses must achieve PERM labor certification. First, the process is designed to encourage businesses to hire U.S. citizens and residents instead of searching abroad. Second, certification protects the prevailing wage and prevents the hiring of foreign workers to push down wages in the U.S.
Before employers can hire foreign workers or obtain PERM labor certifications, they must first make a good-faith effort to hire locally. This can include U.S. citizens or foreign residents already in the country. A good-faith effort means taking genuine steps to find personnel in the domestic labor pool before looking overseas.
Employers must also establish that hiring a foreign worker will not negatively impact the prevailing wage in their area. The prevailing wage is what workers in a position typically earn on average, and the government has a vested interest in blocking any international hires that might risk lowering that wage.
With most types of visas, it is up to the immigrant to file paperwork directly with the United States Citizenship and Immigration Services (USCIS). That is not the case, however, with many employment-based visas. For these visas, employers are generally required to initiate this process. This is also the case for PERM certification. While it is up to you to start the process, though, the person you hope to hire will also need to provide important documents and information along the way. This can be complex, but our Glendale attorneys could help you navigate the PERM labor certification process to ensure things go smoothly.
Once the Department of Labor issues a prevailing wage determination in your favor and your recruitment period ends without any viable domestic applicants, the next step is to submit your application for PERM certification. It can take as long as 12 months to get an answer, or even longer if the case is audited.
After the labor certification is granted, the next step is to file something known as Form I-140. At this stage, you must provide documents proving that you can pay the employee the wage you offered them and establish that they are fully qualified for the job.
There are many steps that go into a successful PERM certification process for a Glendale business. Any mistakes could add months to the process or even prevent you from completing your hire at all. By working with our firm, you could give yourself the best possible chance to strengthen your workforce in the shortest possible amount of time.
If you are considering a foreign hire, understanding PERM certification is crucial. While finding the right talent can have a positive effect on your business, there are steps you must go through to complete this process legally.
Do not put yourself at risk by pursuing PERM labor certification in Glendale on your own. Reach out today to discuss your legal options during a confidential consultation.
