A labor certification is required prior to filing the petition with the USCIS for permanent residence ("Green Card") for certain employment-based immigrant visa. Since the previous labor certificate application procedure was criticized as complex, resource intensive and time consuming, the current PERM system is developed to streamlines process and to replace the old systems. In the application process of labor certificate, there are three main concerns: 1) Whether there are not sufficient United States workers who are able, willing, qualified and available; 2) whether the employment of the alien will have an adverse effect on the wage and working conditions of United States workers similarly employed; and 3) whether the employer has met the procedural requirements of the regulations. The labor certification system is designed to prove to the government that the employer has performed due diligence with the above three concerns and therefore may request the labor certificate to be certified.
Highlights of the PERM Program Versus Previous Programs
PERM program aims to make decision on labor certificate applications in a much shorter period of time than the previous systems. For those who have limited time left of their H-1B or L-1 visas, PERM provides a great opportunity for them to apply for their green card without years of waiting.
Employers are required to pay the required 100% of prevailing wage instead of the previously 95%.
Prevailing wages are divided into 4 levels instead of the previous 2 levels.
Two Sunday newspaper advertisements are required for recruitment.
Three additional recruitment steps required for professional jobs, including: 1. job fairs; 2. employer's web site; 3. job search web site other than employer's; 4. on-campus recruiting; 5. trade or professional organizations; 6. private employment firms; 7. employee referral program; 8. a notice of the job opening at a campus placement office; 9. local and ethnic newspapers; and 10. radio and television advertisements. Click here to see a summary of PERM recruitment requirements.
The regulation allows the withdrawing and re-filing of cases prior to the placement of a job order by the SWA and preserve the original filing date.
Withdrawal and re-filing of pending applications under PERM but using the same priority date is limited to identical job opportunity filed previously.
Perm Case Samples
Since we specializes in employment-based immigration petitions, PERM filing is one of our major practices. We have successfully filed for many positions in different profession and industries. We have filed many cases with employers located in both East and West coasts. The following labor certificate application samples are listed in representation of a portion of the many cases we have handled:
Computer/Electrical Engineer: One of the most common positions in high-tech companies is Computer Engineer or Electrical Engineer. We have substantial experience in handling these high-tech positions.
Computer System Analyst/Information System Manager: We have assisted a number of information technology firms which provide IT contracting work for commercial companies. These firms apply labor certificates and green cards for their IT employees.
Sales/Marketing Manager: These positions are commonly filled by employees who major in business administration. We have assisted employers to obtain labor certificates in these positions.
Accountant/Accounting Manager: Accounting positions are also popular for business administration majored employees. In one of the cases we handled the employer is a travel agency. The employer filed Perm application for its Accounting Manager and the case got approved in three weeks.
Import/Export Administrator: The employer is an industrial equipment manufacturer. It has great amount of import and export of its products. We successfully assisted the Perm case filing of the position and got approval.
Social Worker: We have assisted social service facilities filing Perm applications for their social worker employees.
Chef: We have successfully assisted Chinese and Japanese restaurants with their application of employment-based green cards for their chefs/cooks. The Perm application was approved in one month after filing.
Foreign Policy Consultant: The employer is an international real estate brokerage firm. They need a consultant majoring in public policy to help their clients deal with the investment aspects of policies of foreign countries. The Perm application was approved in three months.
Architectural Designer/Architectural Coordinator/Interior Designer: We have assisted architectural firms with their employee's labor certificate and green card applications. They all successfully obtained their permanent resident status.
There are many issues and rules involved in the Perm filing of Labor Certificate application. To successfully conduct the Perm recruitment in accordance with all requirement, each detail in the process has to be carefully handled. Our firm specializes in the Perm filing procedure and we make sure every step is under close monitor and is implemented correctly in accordance with relevant regulations.
If you wish to take advantage of the PERM program for your green card application, please contact our office for a free evaluation of your case.