PERM (Labor Certification Application)

Except for persons under the EB-1 Immigrant Visa classification, and certain PERM exempt petitions, all employment-based immigrant residence petitions require an approved Labor Certification as a prerequisite to a Petition for Relative Alien Worker (Form I-140) being filed on behalf of the applicant/beneficiary.

Individual Labor Certification-Defined

In general, petitioners filing EB-2 and EB-3 petitions must first obtain an approved permanent labor certification application from the Department of Labor (DOL) on behalf of the beneficiary.

The process is driven by the U.S. employer and requires a highly structured recruitment campaign which commences with a specific offer of employment.

An approved permanent labor certification application demonstrates that:

• The petitioner tested the labor market in the geographic area where the permanent job offer is located to establish that there are no able, qualified, and available U.S. workers who are willing to accept the permanent job offer; and
• The employment of the beneficiary will not adversely affect the wages and working conditions of similarly employed U.S. workers.

I. Advanced Degree Candidates

An Applicant may be eligible for an employment-based, second preference immigrant visa if you are a member of the profession holding an advanced degree or its equivalent, or a person who has exceptional ability.

Below are the occupational categories and requirements:

The job you apply for must require an advanced degree and you must possess such a degree or its foreign equivalent (a baccalaureate or foreign equivalent degree plus 5 years of post-baccalaureate, progressive work experience in the field).

The Applicant/beneficiary must meet any other requirements specified on the labor certification as applicable as of the priority date.

Evidence

Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty. If a doctoral degree is customarily required, you must have a United States doctorate or foreign equivalent degree.

II. Exceptional Ability Candidates

The candidate must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”

• You must meet any requirements specified on the labor certification as applicable.

Criteria

A Candidate must meet at least three (3) of the following criteria:

• Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability.
• Letters from current or former employers documenting at least 10 years of full-time experience in your occupation.
• A license to practice your profession or certification for your profession or occupation.
• Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability.
• Membership in a professional association(s)
• Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
• Other comparable evidence of eligibility is also acceptable.

Employer Ability to Pay

As part of the application process, your employer must be able to demonstrate an ability to pay the offered wage as of the priority date and continue until you obtain lawful permanent residence status.

• Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage.

Employer is required to pay the filing fees and attorney fees.

The employer must attest in the approved labor certification that the employer paid all the filing fees, recruitment fees and attorney fees and expenses related to the preparation and filing of the labor certification and that the Applicant/beneficiary cannot reimburse the employer any of these fees or expenses.

How can Croce & Associates assist me in preparing and filing for lawful permanent residence under this immigrant visa classification?

• Review the Applicant/Candidates CV and immigration history to confirm that the candidate is legally eligible to benefit from a Labor Certification/EB-2 Advanced Degree Immigrant Visa Petition
• Coordinating the PERM requirements for both the employer and the applicant/candidate.
• Preparing and filing the PERM (Labor Certification) Application with the DOL.
• Preparing an Audit Filing, including all recruitment documentation.
• Once the Labor Certification is Approved prepare and file the Alien Worker Petition (Form I-140) for the employer on behalf of the Applicant Candidate.
• Finally, also prepare and file an Application for Adjustment of Status or Immigrant Visa Application (DS-260) for consular processing of the immigrant visa depending on the case.

For more information or to schedule a consultation with an immigration attorney to review your eligibility for the EB-2 Based on PERM (Advanced Degree or its Equivalent) category email us at info@crocelegal.com or call our office at 786-200-3088.