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Amongst umpteen number of steps that one has to follow to obtain employment rights in a different country, obtaining a PERM Certificate is a part of the multi faceted process. This certification makes a person eligible to obtain a work-based green card.
Getting a labor certification that permits an employer to employ a non-US worker for a designated job. A labor certificate can be provided for permanent employment as well as for temporary employment purposes. Most of the times, employers themselves file for labor certification applications when they find a potential foreign lead. This step is initiated by the employers as they are not able to look for under qualified employees who agree to take up a specific job at standard rates. As a matter of fact, the employers also have to prove by law that they were unable to look for employees matching the employment criteria.
It is the task of the employer to create a good job profile and disclose the wages as well as the advantages attached with it. It is mandatory that the job profile and the allowances meet the regulations and laws for that particular job.
At Wildes & Weinberg P.C., our major aim is to serve our clients with the most adept and convenient labor certification and immigration solutions. We focus on perfection in the labor certification process as it comprises of a lot of complex steps.
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Below mentioned are the steps that you can follow in order to file for a PERM certification:
1. Filling up the application: In the initial steps of filling for a labor certification, an existing remuneration request has to be presented in front of the state workforce agency. This will disclose the wage that the employer will be liable to pay to the foreign national for his services. It is important to disclose this information as because it will have an impact on the generating prior advertisements for the respective position. It will also take into consideration the current remuneration that has to be offered to the employee. It has to be mentioned on the immigration forms. This process can take considerable amount of time to complete. After the labor department has received the forms, the recruitment process can be initiated.
2. Recruiting prospective employees: A prior advertisement has to be presented in front of the government for the position that the foreign national is looking for. This will ensure that all the workers eligible for the job get a fair chance to file for the job opportunity. The different types of advertisements are as follows:
(i) Placing an advertisement on the website of the state workforce agency
(ii) Getting a Sunday advertisement printed in a leading newspaper
(iii) Publishing an advertisement on the internet platforms
Since the labor certification is valid for only a period of 180 days, the advertisement must be done simultaneously on every platform. In case the period crosses 180 days, the prospective job applicant will not be able to register for PERM certification.
Filling up the ETA form (9089): Next, the applicants have to file for the PERM certification electronically as well. This will require the employer to open an account with the labor department respectively.
At Wildes & Weinberg P.C., we have a team of experienced and professional immigration lawyers who keep a hawk eye at the labor market and changes to provide up-to-date information and guidance to the clients.
