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PERM Labor Certification

PERM Labor Certification

Our experienced team of immigration attorneys is dedicated to helping immigrants navigate the complex process of obtaining labor certification for employment-based immigration in the U.S. Our commitment to excellence and personalized attention ensures that our clients receive the highest level of legal representation.

Key Highlights of Our Legal Service for PERM Labor Certification:

  1. Legal Expertise: Our team of immigration attorneys has in-depth knowledge and expertise in handling PERM Labor Certification cases. We stay up-to-date with the latest changes in immigration laws and regulations, and provide accurate and strategic legal advice to our clients.
  2. Case Evaluation: We conduct a thorough evaluation of our clients’ eligibility for PERM Labor Certification, including assessing their qualifications, job requirements, and the labor market conditions. This helps us determine the best approach to strengthen their case and increase the chances of success.
  3. Document Preparation: Our attorneys assist clients in preparing all the required documents for PERM Labor Certification, including the ETA Form 9089, job advertisements, recruitment reports, and other supporting documentation. We ensure that all documents are meticulously drafted and meet the strict requirements of the U.S. Department of Labor (DOL).
  4. Recruitment Compliance: We provide guidance on compliance with the recruitment process, which is a critical component of PERM Labor Certification. Our attorneys ensure that our clients’ recruitment efforts adhere to the DOL’s regulations, including the mandatory recruitment steps, prevailing wage determination, and documentation of recruitment results.

Requirements For PERM Labor Certification:

  1. Job Offer: The employer must have a bona fide job offer for a full-time, permanent position in the United States, and must be willing to sponsor the foreign worker for lawful permanent residency (green card).
  2. Labor Market Test: The employer must conduct a recruitment process to test the U.S. labor market and demonstrate that there are no qualified U.S. workers available and willing to fill the position. This typically involves placing advertisements in various mediums, such as newspapers, job boards, and the employer’s website, and conducting a competitive recruitment process.
  3. Job Requirements: The job offered must require skills, education, and experience that are not easily found in the U.S. labor market. The employer must establish that the job requirements are genuine and not tailored to the foreign worker’s qualifications.
  4. Prevailing Wage: The employer must obtain a prevailing wage determination from the U.S. Department of Labor (DOL) for the specific job location and offer a wage that meets or exceeds the prevailing wage for the occupation.
  5. Recruitment Report: The employer must maintain a record of all recruitment efforts conducted, including the results of the recruitment, and must prepare a recruitment report that summarizes the recruitment process and the reasons for not selecting U.S. workers who applied for the position.
  6. Good Faith Efforts: The employer must demonstrate that it has made good faith efforts to recruit U.S. workers and has not found any qualified and available U.S. workers for the position.
  7. Documentation: The employer must maintain all documentation related to the PERM Labor Certification process, including the job posting, recruitment advertisements, recruitment report, prevailing wage determination, and other supporting documentation, as required by the DOL.
  8. Compliance with DOL Regulations: The employer must comply with all regulations and guidelines set forth by the DOL for the PERM Labor Certification process, including prevailing wage requirements, recruitment steps, and documentation.
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