The Program Electronic Review Management—or PERM—system is used by the U.S. government for processing labor certification requests for workers intending to immigrate into this country. It is a necessary step before American companies can hire abroad.
Unfortunately this process can be complicated, especially without the support of a dedicated business immigration lawyer. Whether you are a prospective employer or a worker hoping to continue your career in the U.S., a lawyer can assist you with PERM labor certification in Phoenix.
In order for a foreign national to secure a green card and work in the U.S. as a permanent resident, their employer will first need to go through the PERM labor certification process. This system is intended to ensure that companies are not hiring abroad when the domestic workforce is able to meet their labor needs.
There are strict requirements regarding the specific positions that apply to PERM hires, and the employer must list out the requirements for the position, including education, experience, and relevant skills.
A critical aspect of the PERM certification process is ensuring that a company’s labor needs cannot be met domestically. Public policy requires employers to make an exhaustive effort to hire locally before turning to foreign talent.
This process is only open to specific foreign workers. They must be eligible to enter the country, which generally requires no previous serious criminal convictions or past immigration violations. These workers typically must have a standing offer of employment.
Navigating PERM certification can be difficult, but you have the opportunity to hire an attorney to answer your questions and guide you through the process. Let experienced legal counsel in Phoenix assist you with the PERM labor certification process.
Unlike many cases, this process is not initiated directly by the foreign worker. Instead, their prospective employer must get the process started. This is different than many other types of immigration, including when someone is sponsored by a loved one.
The first step involves something called a prevailing wage request. The company intending to hire a foreign worker must first make a request with the U.S. Department of Labor to determine what the prevailing wage is for the position based on geographical location, job duties, and a host of other factors. The Department of Labor takes all of these factors into account before making a prevailing wage determination. This determination is important, as employers must not pay foreign workers below this wage.
Next, the company must make a good faith recruitment effort, actively looking for help in the domestic workforce that fits the specific needs of the company. Employers typically must advertise the position for a set period of time before moving on to hiring an immigrant.
Once these initial steps are taken, it is up to the employer to file the PERM application with the Department of Labor, and a hire can only be made once the application is approved. An attorney in Phoenix can assist with every aspect of PERM labor certification.
Whether you are a foreign worker or an employer intending to hire outside of the U.S., now is the right time to speak with legal counsel. The right attorney can help you understand PERM labor certification in Phoenix and assist you with each step in the process.
Instead of navigating this system alone, put your trust into New Frontier Immigration Law. Reach out to our office now to discuss this aspect of the immigration system during a private consultation.
