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What is PERM?
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The United States immigration system offers many ways for people to obtain green cards and one of those is through PERM labor certification. To do so, you must have an employer in the country and know what steps to take. Even though PERM allows you to get a green card through your employer, the process still has the potential to become complex. An Illinois immigration lawyer can assist with your case and give you the best chance of success.
Employers must take a few steps when hiring a foreign worker on a permanent basis. One of the first steps many are required to take is to obtain a permanent labor certification from the U.S. Department of Labor (DOL) Employment and Training Administration. The employer must then submit an immigration petition to the U.S. Citizenship and Immigration Services (USCIS). The DOL’s Program Electronic Review Management Process may then issue the employer a permanent labor certification.
Obtaining PERM Labor Certification
Employers must undergo two major steps when obtaining PERM certification. These are:
- The labor market test: The employer must show there are not enough available, willing, and qualified workers in the country already that can do the job for the specified wage. This process requires the employer to advertise the position for a minimum of 30 days and review resumes from applicants. It is crucial that employers document these recruitment attempts to show that they have made a reasonable effort.
- Prevailing wage determination: The employer must show that a foreign worker’s employment will not affect the working conditions or wages of other workers in the country in similar positions. A prevailing wage determination form, available through the State Workforce Agency, must be obtained by the employer.                                             Â
Types of Immigration that Require Labor Certification
The two types of immigration that specifically require labor certification are the EB-2 visa and the EB-3 visa. EB-2 visas are available for individuals with exceptional abilities or advanced degrees. EB-3 visas involve professionals with a bachelor’s degree, skilled workers with over two years of experience, and unskilled workers.
Applications for EB-1, EB-5, and EB-2 visas do not require labor certification if an individual has obtained a National Interest Waiver. Due to the complex rules surrounding PERM certification and the different types of visas available, anyone wishing to apply for an employment-based visa should always speak with an Illinois immigration lawyer first.
Call Our Immigration Lawyers in Illinois Today
The immigration system in the United States is extremely complex, and it is also always changing. At Kriezelman Burton & Associates, LLC, our knowledgeable Illinois immigration lawyers can provide the advice you need, and guide you through the process of obtaining a visa or a green card to help you remain in the country. Before starting the application process, call us or contact us online to schedule a confidential consultation. We will outline your options, identify the one that is best for you, and give you the best chance of success with your case.
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I had a wonderful experience working with Kriezelman Burton & Associates, LLC. From start to finish, the team was professional, knowledgeable, and truly dedicated to guiding me through every step of the process. They made what could have been a stressful situation feel smooth and manageable, always answering questions quickly and keeping me updated. I especially want to thank Khabit for his outstanding support—he was patient, detail-oriented, and went above…
Many thanks to attorney Kevin A Raica and his assistant Rafael Rodriguez for all their help. My immigration case went very smoothly and quickly.
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I really want to thank Justin and Kamila; they are the best. I waited almost 20 years and no one could help me get my green card and in 4 months they helped me get my permit, and I got my green card in less then 4 months. They are the best. I will always be grateful for what they did for me, thank you Justin and Kamila!!!!
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I am incredibly grateful to Mr. Burton for his outstanding legal assistance in my immigration case, from my first consultation he heard me patiently demonstrating exceptional professionalism, expertise, and a genuine commitment to my case. Immigration process can be overwhelming and stressful, but he and his team provided clear guidance every step of the way, always answering my questions promptly and reassuring me with their deep expertise. Thanks to their…
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Highly recommend this firm. I had the pleasure of working with Lauren McClure and she is absolutely the best. She was very helpful and walked me through every step of the process, she is patient and she got the job done. I am very grateful with her and her team for helping me with the process of my case. Thank you so much.
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