Perm Labor Certification
Introduction
If you wish to have a foreign labor work for you in the United States, there’s a process to invite them and have them work for you in the US. How? Through Perm Labor Certification. This certification allows you to sponsor a foreign worker for green-card so they can legally come and work for you in the United States. PERM Certification is the requirement for employment based green-card gateways: EB-2 and EB-3. The certification allows foreign workers to legally enter the country and work for the employer that is sponsoring them. But, what are the steps for it? Who applies for Perm Labor Certification? Employer or the worker? This article will answer all your questions. You can also contact experienced immigration firms such as Gambini Lawyers, to make the process easier for you. Without further ado, let’s dive in.
What is PERM Labor Certification?
Program Electronic Review Management, also known as Perm Labor Certification is the first step towards getting approval for a green card in the US. This certification allows a US national to sponsor a non-US worker to come to the US for work. The certification allows obtaining Labor Certification from the Department of Labor. Perm Labor certification is required for EB-2 and EB-3 visas. The certification is provided by the Department of Labor after a detailed process. The process of Perm Labor Certification ensures that no skilled US national labor is available and willing to work in the desired location of the employer. Following this condition and some other requirements, PERM Certification is provided by the Department of Labor. But why should an employer consider Perm Labor Certification? Why not any other employment or family-based green card? Let’s find out!
Why PERM Labor Certification?
Hire a Permanent Foreign Worker
If you wish to sponsor a foreign worker for green-card, PERM Labor Certification is the most convenient method. Once your certification is approved by the Department of Labor, you’ll be able to file form 1-140 immigration petition for permanent residency of the foreign worker. This way you can sponsor the foreign worker for green-card.
Most convenient and faster method
If you’re planning to sponsor someone for US nationality, EB-2 and EB-3 are the most convenient methods as they’re faster than EB-1 green-card, which does not require PERM certification. This employment-based certification for green-card is even faster and easier than family-based petitions for green-card. In family-based options, a family member needs to sponsor the applicant, instead of the employer. These do not require PERM certification but they take longer than employment-based EB-2 and EB-3 green cards. So, EB-2 and EB-3 are comparatively faster and easier methods of obtaining US nationality and both, EB-2 and EB-3, require PERM Certification.
Less Paperwork
PERM Certification is provided by the Department of Labor and it follows very well-defined rules and regulations for its qualification. For this reason, PERM Certification involves less paperwork and the entire process is more electronic-based. This makes the entire process of filing for PERM Certification hassle-free and convenient.
Requirements for the PERM labor certification
The employer must have the identity of an Employer:
The employer must be a US national and must have a physical office in the US. The employer must have an IRS tax number and official contact information.
The Job Offer must be Valid
The employer must be offering a valid job to the sponsored foreign worker. The offer must include a salary and the employer should have an employer-employee relation with the foreign worker. The employer must have the capacity to hire, fire and supervise the sponsored foreign worker. There should also be a valid contract between the two parties, the employer and the foreign worker.
The beneficiary must receive Salary
The employer must be paying a fair amount to the sponsored foreign worker. The salary must be equal to or more than the prevailing wage. The prevailing wage is the minimum amount defined by the Department of Labor for the foreign worker. The employer needs to request a prevailing wage from the Department of Labor. The employer needs to mention the salary of the sponsored worker on the PERM labor certification application.
There should be no Worker(s) in the US for the Job
Before you file for PERM Certification, you need to search for worker with the required skills within the US. This is to prove that you could not find worker with required skills in the US, which is why you need to sponsor a non-US worker for it. You also need to prove this to the Department of Labor by showing job posts in local newspapers and the State Workforce Agency. The entire process ensures that there is no American skilled labor for the required position, which is why you need to sponsor a foreign worker for the job through PERM Certification.
Final Note:
PERM Certification is arguably the easiest method to obtain green-card. It is hassle-free and relatively quicker, as compared to family-based options. Even in the case of employment-based options, EB-2 and EB-3 are relatively quicker and simpler than EB-1, which does not require PERM Certification.
PERM Certification is filed and completed by the employer. All prerequisites and formalities are to be followed by the employer, in order to sponsor the foreign worker. The employer needs to post about a job to find an American worker, to prove to the Department of Labor that no skilled worker is available in the US for the required position. The process for PERM Certification can seem confusing so in order to make sure that you’ve followed all formalities in advance, contact experienced immigration service such as Gambini Law service, so you don’t miss any detail of the process.