Labor Certification "PERM"

Labor Certification

The PERM Labor Certification Process in the United States is a crucial step for employers seeking to sponsor foreign workers for a permanent employment visa, known as the Green Card. This process involves demonstrating that there are no qualified American workers available for the specific job in question. Employers must complete several steps, such as advertising the job opportunity and conducting recruitment efforts, to ensure compliance with the United States Department of Labor (DOL) requirements. Once the PERM labor certification is approved, the foreign worker can proceed with the immigrant visa application process, bringing them one step closer to obtaining permanent residency in the United States.

Once labor certification is approved in the United States, a petition is initiated for the immigrant to enter or remain in the country (if they are in the USA, they must have legal status and can apply for permanent residency for the petitioner, their spouse, and unmarried children under 21 years of age).

Please note that each case is unique and cannot be generalized. An expert must identify and classify the foreign worker subject to labor certification, depending on the degree of professionalism, there are classifications or categories. Similarly, the company's intentions to hire must be analyzed to verify if it meets the expectations of the United States Department of Labor. Here, we provide detailed information and an overview of labor certification and how to obtain it.

Please note that before starting the Labor Certification process, we must prequalify the employer and the foreign worker by analyzing certain documents.

Professions and individuals eligible for labor certification:

• With or without a visa from any country in the world.
• Within the American territory with any valid legal status.
• University graduates.
• Master's and/or Doctorate degree holders.
• Non-university graduates (such as nannies, domestic workers, plumbers, electricians, cooks, and all types of jobs).
• With work visas.
• With transfer visas.
• With any visa you possess.
• Political asylees who are in the process or have been approved and have submitted it in legal status.
• Foreign students in the USA.

Companies that qualify to sponsor foreigners:

Generally, the company intending to hire must have been active and operating for at least the last two years. It must have profits that can demonstrate the financial capacity to hire the foreign worker and pay the determined salary, generate jobs, and ensure that its profit is not marginal. An expert will handle the prequalification.

For almost all cases where permanent residency can be applied for, labor certification is required, with some exceptions, which we will mention later.

What is the process like?

The labor certification process in the United States is a fundamental part of the immigration process for foreign workers seeking employment-based visas sponsored by U.S. employers. Here is a simplified summary of this process provided by an immigration attorney:

1. Job offer: The process begins when a U.S. employer offers a job to a foreign worker. The job offer must meet certain requirements, such as offering a fair salary and adequate working conditions.

2. Eligibility determination: The immigration attorney will assist the employee in determining if they meet the necessary requirements for the position and if they are eligible for the specific employment visa.

3. Labor certification: Before the foreign worker can apply for an employment visa, the employer must obtain a Labor Certification from the United States Department of Labor. This involves demonstrating that no qualified U.S. workers are available for the position and that hiring the foreign worker will not negatively affect local workers.

4. Employment visa application: Once the Labor Certification is obtained, the immigration attorney will assist the foreign worker in filing the appropriate employment visa application with the United States Citizenship and Immigration Services (USCIS).

5. Processing and review: USCIS will review the employment visa application and conduct security checks. The process may vary depending on the type of visa but generally involves submitting forms, providing evidence of eligibility, and attending interviews.

6. Consular interview (if necessary): In some cases, the foreign worker may need to attend an interview at the U.S. embassy or consulate in their home country before receiving the employment visa.

7. Visa approval: Once the application is approved, the foreign worker will receive an employment visa that allows them to work in the United States for a specified period.

8. Entry to the United States: The foreign worker can enter the United States and start working in accordance with the terms of their employment visa.

It is important to note that the labor certification and employment visa application process may vary depending on the type of visa and the individual circumstances of the foreign worker. Therefore, it is essential to seek guidance from an experienced specialist to ensure that all requirements are met correctly and to maximize the chances of success in the process.

How long does the process take - Timelines?

The estimated processing time for the entire sponsored residence process is 30 to 36 months. The process can be expedited to an average of 24 - 30 months if $2,500 USD is paid directly to immigration (USCIS) during phase 2.

What should I do now to get started?

To get started, you should schedule an appointment with us to evaluate your profile and the financial statements of the company that intends to hire you in the United States.