If you are an employer within the United States and you’re looking to hire workers, you may be relieved when you find the resume for the perfect candidate. However, this relief may be short-lived when you discover that this candidate is located outside of the United States. While it is possible to hire foreign workers, the process can be complicated, especially as you’ll need to navigate the PERM labor certification process. If you’re unsure what this is or how to navigate these matters, you’ll want to keep reading. The following blog explores what you should know about these issues, including how a permanent residence through labor certification (“PERM”) lawyer can assist you in these complex matters.
What Is the PERM Labor Certification?
If you wish to hire an employee who is not a United States Citizen for a permanent position within your company, you’ll need to assist the employee through the process of obtaining permanent residence through labor certification, or PERM. The primary purpose of this process is to ensure that there are no eligible or qualified United States applicants who can perform the role before hiring a non-United States citizen for this role. Additionally, you’ll find that this process seeks to ensure that the wages offered for this role will not negatively impact other workers in similar roles.
What Does the Process of Obtaining One Entail?
First and foremost, you’ll begin this process by filing an application for alien employment with the Department of Labor. There are generally two primary steps in the process of obtaining the PERM labor certification. The first is to complete the U.S. labor market test, which is required to ensure that there are no eligible United States candidates to fill this role. This entails leaving the job posting up for at least 30 days to determine whether or not there is a qualified citizen for this role before accepting foreign worker applications.
In addition, you’ll need to ensure that the wage offered for the position reflects the Department of Labor standards based on the job requirements. This includes obtaining a prevailing wage determination through the DOL prior to the submission of the PERM application.
After a PERM has been approved by the DOL, you’ll then file Form I-140, Immigrant Petition for Alien Workers, which will then be reviewed by the United States Citizenship and Immigration Services. If approved, the employee can then file Form I-485, Application to Adjust Status, or a DS-260 Immigrant Visa Application if they are not already in the United States.
As you can see, hiring non-citizen workers can be an incredibly overwhelming and tedious process, which is why it’s critical to connect with an experienced immigration attorney to help you through these complicated matters. At Goel & Anderson, our team understands how difficult obtaining a PERM certification can be, which is why we will do everything in our power to help you achieve the best possible outcome. Contact us today to learn more.
