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New York City Business Immigration Lawyer / New York City PERM Labor Certification Lawyer

New York City PERM Labor Certification Lawyer

Your Path to Employment-Based Green Cards

PERM (Program Electronic Review Management) is the first step in obtaining an employment-based green card for foreign workers. Administered by the U.S. Department of Labor (DOL), the PERM process ensures that no qualified U.S. workers are available to fill the position and that hiring a foreign worker will not adversely affect the wages and working conditions of U.S. workers in similar roles. Contact our experienced New York City PERM labor certification lawyer for more information or assistance with this process.

Key Steps in the PERM Process

The PERM process involves several key steps that both the employer and the foreign worker must navigate:

  1. Job Description and Requirements:
    • The employer must define the job duties, requirements, and minimum qualifications for the position. These should reflect what is normally required for the position in the U.S. labor market.
  2. Prevailing Wage Determination:
    • The employer must obtain a prevailing wage determination from the DOL. This ensures that the wage offered to the foreign worker meets or exceeds the prevailing wage for similar positions in the geographic area.
  3. Recruitment:
    • The employer must undertake a recruitment process to test the U.S. labor market. This includes:
      • Placing a job order with the State Workforce Agency (SWA) for at least 30 days.
      • Placing two print advertisements in a Sunday newspaper.
      • Conducting three additional recruitment steps, such as job fairs, employer website postings, and recruitment on job search websites.
    • The recruitment must be conducted within 180 days but no less than 30 days before filing the PERM application.
  4. Filing ETA Form 9089:
    • If no qualified U.S. workers are found during recruitment, the employer can file ETA Form 9089 with the DOL. This form documents the recruitment efforts and the results, showing that the employer has been unable to find a qualified U.S. worker for the position.
  5. DOL Review and Decision:
    • The DOL reviews the PERM application. If approved, the employer receives a certified PERM labor certification, allowing them to proceed with the next steps in the green card process.

Benefits of PERM Labor Certification

The PERM labor certification offers several benefits for employers and foreign workers:

  • Employment-Based Green Card: PERM is the first step toward obtaining an employment-based green card (EB-2 or EB-3), providing a pathway to permanent residency for foreign workers.
  • Job Security: Foreign workers can secure long-term employment in the U.S., contributing their skills and expertise to the U.S. economy.
  • Family Benefits: Green card holders can bring their immediate family members (spouse and unmarried children under 21) to live in the U.S. as permanent residents.

Challenges and Considerations

While the PERM process offers many benefits, it also comes with challenges:

  • Complex Process: The PERM process is complex and requires careful adherence to detailed regulatory requirements.
  • Time-Consuming: The recruitment and filing process can be lengthy, often taking several months to complete.
  • Risk of Denial: PERM applications can be denied if the DOL finds issues with the recruitment process or job requirements.

Post-PERM Steps

After obtaining a certified PERM labor certification, the employer and foreign worker must complete additional steps to obtain a green card:

  1. File Form I-140:
    • The employer files Form I-140, Immigrant Petition for Alien Worker, with the United States Citizenship and Immigration Services (USCIS), along with the certified PERM labor certification and supporting documents.
  2. Adjustment of Status or Consular Processing:
    • If the foreign worker is in the U.S., they can file Form I-485, Application to Register Permanent Residence or Adjust Status, to adjust their status to a permanent resident.
    • If the foreign worker is outside the U.S., they will go through consular processing at a U.S. embassy or consulate to obtain an immigrant visa.

The PERM labor certification is a critical step in the employment-based green card process, providing a pathway for foreign workers to obtain permanent residency in the United States. By understanding the requirements and navigating the process carefully, employers and foreign workers can successfully achieve their immigration goals.

For personalized assistance with your PERM labor certification and green card application, contact our Manhattan PERM labor certification attorney who specialize in employment-based immigration.

New York City PERM FAQs

Q: How long does the PERM process take?
A: The PERM process can take several months, including time for prevailing wage determination, recruitment, and DOL review. The entire process may take 6-12 months or longer.

Q: Can the PERM labor certification be expedited?
A: There is no official expedited process for PERM labor certification, but careful preparation and timely submission can help avoid delays.

Q: What happens if the PERM application is denied?
A: If the PERM application is denied, the employer may be able to appeal the decision or file a new application, addressing the issues that led to the denial.

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