A key step in the employment-based green card process is obtaining a PERM (Program Electronic Review Management) Labor Certification. Please continue reading to learn who needs one, who is exempt, and how a seasoned New Jersey Immigration Lawyer can help protect your interests.
Who Needs a PERM Labor Certification?
A PERM (Program Electronic Review Management) Labor Certification is the mandatory process for U.S. employers who want to sponsor a foreign worker for a permanent employment-based green card. It is intended to safeguard U.S. workers’ wages and working conditions by ensuring that foreign labor is only sought when there is an actual shortage of domestic workers.
It should be noted that foreign workers are prohibited from filing it on their own; a U.S. company has to do it. Generally, those in the EB-2 (advanced degree/professional) and EB-3 (professionals, skilled workers, and other workers) categories must obtain a PERM labor certification. The eligibility requirements depend on the position’s minimum qualifications, for instance, whether the job requires a bachelor’s degree, a master’s degree, specific experience, or special skills within an industry.
Who is Exempt?
Not every path toan employment-based green card requires the PERM process. For certain professions, such as registered nurses, the Department of Labor (DOL) has already recognized a deficiency of qualified domestic workers. These roles are listed under Schedule A, enabling U.S. employers to bypass PERM nad proceed straight to filing an immigrant petition with U.S. Citizenship and Immigration Services (USCIS).
Certain EB-1 classifications (which cover those who possess extraordinary abilities, distinguished researchers, and managers of multinational companies), EB-5 Investors, and some EB-2 National Interest Waiver (NIW) petitions also exempt the applicant from the PERM requirement.
Given the intricate and category-specific nature of these regulations, it is easy to get it wrong and either think you need PERM when you don’t, or miss a simpler route. Consulting a New Jersey immigration lawyer is essential for both employers and employees to identify the best course of action before investing time as well as resources into the PERM process.
What Does the Application Process Entail?
A U.S. employer has to obtain the minimum required salary (Prevailing Wage) from the DOL. This wage is based on the job location and the specific requirements of the role. A New Jersey immigration lawyer can ensure that the job description accurately reflects the position to avoid an inflated wage.
From here, the employer is tasked with executing a mandatory, good-faith search to prove that no willing and qualified U.S. worker is available. This usually requires the employer posting ads and other requirement methods, all strictly timed and documented. Legal counsel can help ensure compliance with these requirements.
Following a failed recruitment, the employer must file Form 9089 with DOL, detailing the job, recruitment efforts employed, and foreign worker qualifications. Once the PERM has been certified, the employer files Form I-140 (Immigrant Petition) with USCIS, establishing the foreign worker’s Priority Date. Finally, the worker will then apply for a green card through Adjustment of Status (I-485) or Consular Processing.
Contact the Law Offices of Aditya Surti, LLC today for guidance and skilled representation.