Labor Certification
Labor Certification (PERM)
Your Pathway to Employment-Based Residency
In the journey to obtaining a Green Card through employment, the Labor Certification process, also known as PERM (Program Electronic Review Management), serves as a critical step for many aspiring immigrants. This certification is a testament from the U.S. Department of Labor (DOL) that there are insufficient available, qualified, and willing U.S. workers to fill the position being offered by an employer at the prevailing wage and that hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
A Detailed Look at Labor Certification Requirements
To begin the PERM process, a U.S. employer must demonstrate the following:
- Unavailability of Qualified U.S. Workers: The employer must prove that despite diligent recruitment efforts, there are no qualified U.S. citizens or permanent residents available to take on the job.
- Commitment to Fair Wages: The employer is required to commit to paying at least the prevailing wage for the occupation in the area of intended employment, ensuring that the employment of the foreign worker will not depress wages for U.S. workers in similar roles.
- Adherence to Working Conditions: The employer must also ensure that the working conditions offered will not negatively impact current employees.
Why Labor Certification is a Pre-requisite
For most employment-based residency applications, obtaining a Labor Certification is a pre-requisite unless the applicant qualifies for an EB-1 category, which includes individuals with extraordinary ability, outstanding professors and researchers, and multinational managers or executives. The PERM process ensures that the hiring of foreign labor contributes positively to the U.S. labor market.
Navigating the PERM Process with Expertise
The Labor Certification process is intricate and requires careful preparation and adherence to strict deadlines and procedures. An experienced immigration attorney can provide invaluable assistance in navigating this process, ensuring that all the necessary documentation is accurate and submitted in a timely manner.
Croce & Associates: Guiding Employers and Employees Alike
At Croce & Associates, we specialize in guiding employers and potential employees through the Labor Certification process. We understand the importance of this step in securing your future in the U.S. and are committed to providing comprehensive support to meet the rigorous requirements set forth by the DOL.
Ready to Take the Next Step? Contact Us Today
If you are an employer looking to fill a position with a talented international worker, or if you have received a job offer from a U.S. employer and are seeking to live and work in the United States permanently, Croce & Associates is here to assist. Our expertise in employment-based immigration can help streamline the PERM process and enhance the prospects of a successful outcome.
Comprehensive Support for Labor Certification
Navigating the PERM process can be complex, with numerous legal and procedural considerations. Croce & Associates offers comprehensive support, including:
- Job Analysis and Prevailing Wage Determination: We assist employers in defining the job description and requirements to align with DOL standards and help determine the appropriate prevailing wage.
- Recruitment Guidance: Our team provides guidance on the recruitment process to ensure compliance with DOL regulations, including advertising the job opening and documenting recruitment efforts.
- Application Preparation and Filing: We meticulously prepare and file the ETA Form 9089, ensuring accuracy and completeness to avoid delays or denials.
Empowering Your Employment-Based Immigration Journey
With Croce & Associates, you gain a partner who values your aspirations and is dedicated to empowering your employment-based immigration journey. Our goal is to facilitate a smooth and successful labor certification process for both employers and employees.
Begin Your Path to a Green Card
Labor certification is a pivotal step towards achieving your American dream. Don’t let the complexities of the PERM process deter you. Contact Croce & Associates for a consultation, and let us help you or your prospective employer navigate the path to employment-based residency with confidence and clarity.
