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PERM Labor Certification

Reliable Immigration Attorney in San Jose

A permanent labor certification issued by the Department of Labor (DOL) permits an employer to hire a foreign worker to work permanently in the United States. A certified labor certification shows that there are not sufficient U.S. workers able, willing, qualified, and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. In most instances, obtaining a certified labor certification application form from the DOL is first of the three-stage process of obtaining an employment-based green card. At Verma Law Firm, we serve clients throughout San Jose and the surrounding area, assisting with these complex legal matters.

Program Electronic Review Management

The second and third stages are filing an employment-based immigrant petition (Form I-140) with USCIS by an U.S. employer, and filing an adjustment of status application (Form I-485) by the foreign worker, respectively. To improve the operations of the labor certification program, the DOL implemented a streamlined process for processing labor certification known as PERM (Program Electronic Review Management), effective March 28, 2005. The form used for the PERM labor certification is ETA Form 9089 Application for Permanent Employment Certification.

PERM is a three-step process:

  • Prevailing wage determination
  • Advertisement and recruitment
  • Submitting ETA Form 9089

Providing Reliable Legal Services

PERM is an extremely intricate and time-sensitive process, which requires strategic planning. The DOL will not permit any amendment, modification, or correction on a pending or approved PERM application. Therefore, clerical errors and inconsistent statements are common grounds for DOL to deny a PERM application and often times, DOL has denied PERM applications when the job duties and requirements are inconsistent in PERM application, PWD, and advertisements. Even if it is approved, errors or inconsistency in the PERM application could have significant impact on the success of the remaining two stages of the green card process.

At our firm, we can advise you on the nuances of the PERM process, while providing guidance on continuously maintaining/extending non-immigrant status alongside. If you have any questions, please set up a consultation by calling us at (408) 560-4622.

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