However, the certain employment-based visas that do not require labor certification have a greater amount of criteria that need to be met and longer processing times.
If you are an employer and are interested in sponsoring a non-U.S. worker, then there are many key elements that you must keep in mind. By seeking legal help from a non immigrant visa lawyer, you will be able to get the proper guidance and advice when it comes to dealing with the process. There are many specific documents that need to be signed and fulfilled, which is why it is best to get help from an experienced attorney who is well-versed in the process.
What is the PERM Labor Certification Process?
Employers who are interested in permanent employees that are non-U.S. workers usually go through the PERM labor certification process. This is the most common way for non-U.S. employees to be able to legally work in the U.S. Within this process, the Department of Labor and the U.S. Citizenship and Immigration Services (USCIS) work closely together in order for an employer to have the ability to sponsor a qualified foreign employer. During this process, the employer must successfully prove to the DOL that they were unable to recruit a qualified U.S. worker for the position, therefore, they are interested in hiring a non-U.S. worker. In order for an employer to be able to sponsor a non-U.S. worker, the position that will be filled must be permanent, full time, and pay the prevailing wage for the occupation in their specific area.
In this article, you will learn more about the green card process for employment sponsorship through the PERM process, which consists of four parts.
1. The employer must submit and define the duties and minimum requirements of the position. This process must include extensive details and care in order to identify the education, experience, and skills required to fulfill the position. The reason that this must be so detailed and requires so much care is because it is thoroughly assessed. In addition, the employer must prove the following:
- The actual minimum requirements will be met for the specific position
- No one was hired with less than the minimum requirements
Once the position is thoroughly defined, the employer must submit a prevailing wage request to the DOL, which will also include information pertaining to the job duties, requirements of the position, and location of the job.
2. The next step involved submission of the Prevailing Wage Request (PWR) to the DOL. In addition to the information that must be submitted that was stated above, the PWR must also be submitted. This wage must be the minimum wage required in order to sponsor a non-U.S. worker, which is determined based on the prevailing wage determination. If the DOL finds the prevailing wage to be insufficient, then it can delay the entire process. Once this step has been approved, then the employer is allowed to begin the recruitment process for the position.
3. This part of the process involves the test of labor market in recruitment. The employer is required to put up multiple advertisements for the position that the prospective worker plans to fulfill. In addition, the employer must respond to any submitted job applications or resumes from candidates. There is a 30-day interim that is required before the employer is allowed to continue with the PERM process, which includes a summary of the eligibility requirements, recruitment information, and the beneficiary’s qualifications.
4. Lastly, the employer must file the PERM Form 9089 with the DOL as well as certification for the recruitment. This process requires a lot of care and detail, therefore, you should consult with an immigration visa lawyer to avoid any issues or delays.
If you are interested in sponsoring a non-U.S. worker, get in contact with our team of visa attorneys Pasadena for legal help. We will be able to provide you with the help that you need every step of the way. Speak to an immigration lawyer Pasadena residents know and trust!