San Antonio PERM Labor Certification Lawyer
When an employer based in the United States wishes to sponsor a foreign national to work permanently in this country–i.e., obtain a Green Card–the employer must first seek a permanent labor certification from the U.S. Department of Labor. This is known as a PERM labor certification. PERM actually stands for “Program Electronic Review Management.”
The PERM certification has been in place since 2005 and was designed to streamline the processing of work visas for non-U.S. citizens. But as with any legal process there is still a good deal of complexity and bureaucracy involved. That is why it is crucial to work with a skilled San Antonio PERM labor certification lawyer if you are an employee or worker seeking to navigate the system. At BBA Immigration, we assist individuals and businesses with a wide range of immigration matters, including labor certifications.
Employers Must Cross a Number of Hurdles Before Bringing Non-U.S. Workers Into the Country
A PERM labor certification is normally a prerequisite to filing an immigration petition to actually bring a foreign national to the United States. It is therefore up to the employer to seek certification. The Labor Department will typically grant certification only after it determines there are an insufficient number of U.S. workers who are able, willing, qualified, or available to accept a specific job opportunity offered by the employer.
This means that even before seeking certification, the U.S. employer must first attempt to fill an available position with a current citizen or lawful permanent resident. If the employer is unable to do so, the next step is to ask the Labor Department to make a Prevailing Wage Determination (PWD). Basically, the Department will consider the requirements and other aspects of the job that needs to be filled and determine the minimum wage that the employer must pay a foreign national once they become a permanent resident. After receiving a PWD, the employer must then advertise the position at the prevailing rate to see if there are any U.S. workers who are qualified and willing to take the job. If a qualified U.S. worker still cannot be found, then the employer can file an application for a PERM labor certification. If the Labor Department approves the certification, then–and only then–may the employer petition to bring a non-U.S. national into the country to fill the open position.
PERM certification alone does not guarantee approval of any specific worker for entry into the United States. The prospective employee must still apply for the appropriate visa or Green Card as may be applicable. The prospective employee must have an actual job offer to enter the country.
Contact BBA Immigration Today
This is only a broad overview of how PERM certification works. The actual process is far more detailed and will vary based on the specific type of job or position involved. That is why it is essential that you work with an experienced San Antonio PERM labor certification lawyer who can fully advise you of your responsibilities in these situations. Contact BBA Immigration today to schedule an initial consultation with a member of our immigration team.
