PERM (Labor Certification) is the first step in most employment based green card applications.
The PERM application sets forth the duties, educational and experience requirements for the green card position, as well as the qualifications of the individual for which the application is being filed.
The sponsoring employer must obtain a prevailing wage determination (PWD) setting forth the minimum wage which must be paid to the individual upon acquisition of their Green Card.
The employer is required to conduct a recruitment process to prove that there are no eligible, willing and able U.S. workers to perform the duties of the position. The employer needs to retain documentation of all recruitment efforts and resumes received in response to this recruitment campaign. Additionally, the employer is required to prepare a comprehensive recruitment report detailing the various recruitment steps undertaken, in addition to the evaluations of all applicants.
The employer then files the Form 9089 with the Department of Labor to obtain a labor certification for the applicant. The application can be certified or audited. Upon certification of the PERM application by the Department of Labor, the employer may move ahead by filing the I-140, Immigrant Petition for an Alien Worker.
HOW WE CAN HELP YOU
The Kulen Law Firm provides assistance and advice regarding the best strategies for obtaining PERM Labor Certifications for foreign workers, including preparing PERM applications, responding to PERM audits, as well as complex DOL requirements that need to be considered in filing these applications.
