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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