PERM Labor Certification
Chicago Immigration Attorneys Offering Assistance with PERM Labor Certification
Program Electronic Review Management (PERM), also known as PERM labor certification, is an important step for many foreign nationals to gain the necessary employment-based visa to lawfully work in the United States. In order for a foreign national to obtain certain types of visas, an employer must apply for a labor certification from the U.S. Department of Labor (DOL). Once the certification is approved, the employer may then petition the United States Citizenship and Immigration Services (USCIS) for a green card for the employee.
The PERM labor certification process can be complicated, especially if your case is selected for an audit. It is always wise to consult with an experienced Chicago immigration lawyer at Kriezelman Burton & Associates, LLC who can guide you through the process and ensure you comply with all relevant laws and regulations.
Requirements for PERM Approval
In order to apply for PERM, the following must be true:
- The employee must work for the employer full-time and permanently, not on a part-time, seasonal, or temporary basis.
- The job requirements must be reasonable for the position and cannot be tailored specifically to the education and experience level of the employee.
- The employee will be paid the prevailing wage as determined by the DOL that similarly qualified individuals in the same position would receive. The employee must be paid 100 percent of the prevailing wage.
- A certain amount of recruitment activities must be conducted to determine that the current job market does not provide a sufficiently qualified, able, and willing candidate for the job other than the foreign national.
The PERM Application Process
Once the employer completes the extensive PERM application, she may submit the application electronically or by U.S. mail to the DOL. Though she does not have to submit any other documents when she files the application, she should maintain a number of documents in case of an audit or review. For example, the employer should retain documents related to the recruitment activities should any doubts arise that she conducted sufficient recruitment prior to filing the application. If the employer is selected for an audit, she only has a limited time to provide all of the documents needed to support her assertions. If she fails to provide the requested documents, not only will the application be canceled but the DOL may insist upon closely supervising any future recruitment efforts for the purpose of a PERM application to ensure she is properly complying with the requirements.
Because the PERM application and audit process is strict and unforgiving, you should have the guidance of an experienced attorney who can help you with your application or determine if there are other options for obtaining a visa for a foreign employee.
Find Out How A Chicago Perm Labor Certification Attorney Can Help You
If you are an employer and wish to hire foreign nationals, you should consult with an experienced Chicago immigration attorney at the office of Kriezelman Burton & Associates, LLC. Our attorneys can help you with every step of your PERM labor certification and are thoroughly familiar with the process and requirements for PERM applications. If you would like to discuss your labor certification situation, please call 312-332-2550 or use our online contact form to schedule your consultation.