A permanent (PERM) labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to permanently work in the United States. Usually, before the employer can submit an immigration petition to the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS), they must obtain a certified labor certification application from the DOL’s Employment Training Administration. Continue reading to learn the requirements for eligibility and how an experienced Lyndhurst PERM visa attorney at the Law Offices of Salvatore A. Falletta, LLC can assist you through the process.
What is a PERM labor certification?
A PERM labor certification is for those nonimmigrant employees who are looking to become lawful, permanent residents with a green card. Effectively, it is an electronic labor certification system that allows the government to process applications in under 60 days. With this system in place, it has become easier for individuals to obtain a certification. But because of this, the government only allows a certain quota.
What is the PERM labor certification process?
The employer has the choice to file the application electronically or via mail. Once the employer has successfully petitioned for the employee, the employer must satisfy some requirements. For one, the employer must demonstrate the ability to pay the employee’s salary and that the employee is qualified for the position. Additionally, the employer must prove that they made the effort to seek out citizens who could fulfill the position before applying for the PERM labor certification. And ultimately, they must show that the employee is eligible for an adjustment of status.
Once submitted, the date the PERM labor certification application is received by the DOL is known as the filing date. This will then be used by USCIS and the Department of State as the priority date. After the application is certified by the DOL, it should be submitted to the appropriate USCIS Service Center with a Form I-140, otherwise known as the Immigrant Petition for Alien Worker. Importantly, the certification has a validity period of 180 days and expires if not submitted to USCIS within this period.
What are the requirements for eligibility?
To be approved for a PERM labor certification, you will have to satisfy the following standards:
- There are no other workers willing, able, qualified, or available to fill the position and it is integral to the business.
- Your employment will not negatively affect the wages of other employees.
- Your employer must have met the procedural requirements of the regulations.
If you have any lingering questions about the PERM labor certification process, do not hesitate in reaching out to a skilled Lyndhurst employment immigration attorney today.
Contact our experienced New Jersey firm
If you are in need of experienced legal counsel for matters regarding immigration, please contact the Law Offices of Salvatore A. Falletta, LLC today to schedule a consultation. Our firm is located in Lyndhurst, New Jersey.