California PERM Labor Certification Lawyer

U.S.-based companies can sometimes find themselves struggling to find qualified and skilled workers. Even so, after hiring skilled international employees — many with H1-B or L-1 visas — employers find their employees are in the States on a very limited timeline. In fact, employers realize that helping their sponsored employees seek permanent residency — also known as a Green Card — makes it easier to ensure they retain the talent they hired.

Established in March 2005, PERM Labor Certification subsequently replaced any prior permanent labor certification systems in the American immigration process. A PERM Labor Certification allows employers to seek permanent residency for their foreign employees, making them permanent employees of their companies.

At Singh Ahluwalia Attorneys at Law, our California PERM Labor Certification lawyers have years of combined experience assisting American businesses to obtain permanent labor certifications. We will provide a confidential and no-obligation case review to discuss the strategies available for attaining your PERM Labor Certification. When you are ready for someone to listen, we are here. Call (559) 878-4958 or Contact us online to schedule your appointment today.

How a PERM Labor Certification Lawyer Can Help

A PERM Labor Certification was established by the Department of Labor in 2005 to replace any existing permanent labor certification systems in the U.S. This new system was designed to prevent U.S. workers from losing employment opportunities. Additionally, this system asks employers to exhaust all means to acquire a U.S. worker instead of hiring a foreign worker outright.

Subsequently, employers must provide evidence that they attempted to recruit and employ a U.S. worker, leaving a foreign hire as their last resort to fill the position. Employers seeking PERM Labor Certification must ensure they take the appropriate actions, file paperwork promptly, follow regulations, and comply while in the recruitment process for the role. The process can be lengthy and require meticulous attention to ensure that all documents and supporting information are gathered and filed promptly.

What Are Employers Required to Provide to Receive A PERM Labor Certification?

Consulting with a California PERM labor certification attorney can help you throughout this process to ensure you meet all rules and requirements. The employer should expect this process to take about 6 to 12 months.

In addition, employers should make sure that they:

• Complete ETA Form 9089 – this details the specific job details for the role.
• Ensure the foreign worker meets all minimum education, training, and experience requirements.
• The foreign employee’s salary must equal or exceed the current DOL rate. Salaries are reviewed and established by the U.S. Department of Labor. Employers are not permitted to pay their foreign workers lower than the rate determined by the Department of Labor.
• Employers must demonstrate that U.S. workers are unwilling or unable to satisfy the position’s requirements. This means no qualified U.S. citizen can work the position forcing the business to hire abroad or leave the role unfilled.
• Employers must produce and maintain an audit file and further verification of recruiting attempts. Having to advertise roles can incur additional costs.
• Employers must prove that employing a foreign worker won’t adversely affect existing U.S. employees by taking away job and pay opportunities.

What Are the Documents Needed for a Perm Labor Certification?

A PERM labor certification lawyer will work with you to collect all needed documentation before submitting an application to the Department of Labor.

Employers can expect to gather and submit the following:

• Audit file of U.S. Employer showing all details of recruiting attempts for the role.
• Online and newspaper ads of the role being advertised to U.S. workers.
• Job orders advertisement that matches the state where the work will take place. This job order must be allowed to run for 30 consecutive days, including weekends, before being taken down.
• Complete ETA Form 9089, signed by the form preparer, employer, and foreign employee, and submit it online.
• Local labor market analysis shows a lack of qualified or able U.S. workers for the role.
• Submit a prevailing wage request by completing Form ETA-9141.

Facing Potential Costs

Pursuing a PERM Labor Certification comes with its expenses. Usually, multiple fees are involved, including fees to advertise roles, additional fees tied to the PERM application itself, and legal fees. Plus, once the applicant files for a green card, it will also carry added expenses. So, employers must understand the added costs of pursuing a PERM Labor Certification carry costs on top of the direct costs of completing the application and paying related fees.

PERM Labor Certification Attorney Understand the Process

Grasping the process to attain a PERM Labor Certification is the first step in making it as smooth as possible. Missing particular steps can lead to complications and potentially starting the process over again.

Employers must make sure that they correctly:

• Formulate job duties — Positions must have a job description matching what the PERM Labor Certification will grant and skills that the employee would meet.
• Preparing the prevailing wage determination — The wage that must be paid to any worker for that role is determined by the Department of Labor. This creates the minimum payment that a foreign worker could be paid for completing the tasks for the role. Additionally, the employer must prove they can afford to pay the foreign worker’s wages as a business.
• Recruiting workers — When an employer chooses to sponsor a foreign worker, they still must advertise the role to U.S. workers. In addition, all methods used to find a worker must be legitimate and have the right skills to perform the role successfully.
• Form ETA 9089 — As the last part of the application process, the employer, employee, and the form preparer, if one was used, must sign the document and submit it to the Department of Labor. All applications are reviewed and analyzed for any anomalies to be reported for auditing.

Once the PERM Labor Certificate is issued, the foreign employee can apply for a green card and receive a priority date shortly after to continue the process of attaining their permanent residency.

Validity Period and Filing an I-140 California Perm Labor Certification Lawyer

The validity period for a PERM labor Certification is 180 calendar days. Within that time, the employer must file Form I-140 with the Department of Labor or risk beginning this process again if it is not processed before the end of the 180-day window. Working with a California PERM Labor Certification lawyer can help ensure that all requirements are met within a reasonable amount of time. Timing is important, as the U.S. Customs and Immigration will rescind any authorized PERM Labor Certifications that do not meet this deadline.

Revocation of a PERM Labor Certification

PERM Labor Certifications remain valid so long as the Department of Labor does not revoke them. However, the Department of Labor has the right to revoke any PERM Labor Certification at its discretion and at any time. Once a PERM Labor Certification is revoked, the Department of Labor will send notice to the U.S. Customs and Immigration and the Department of State so that they can update their systems.

Employers can submit a rebuttal within 30 days of receipt of an official notice. Without a rebuttal, the decision to revoke the PERM Labor Certification becomes final, and the employee must leave the U.S. immediately. If the Department of Labor receives a rebuttal but still stands with its decision to rescind the certification, the employer can file for an appeal within 30 days of the adverse determination.

Note, too, that employers have the right to rescind each PERM Labor Certification at their own discretion. If an employee leaves a job where their employer has obtained a PERM Labor Certification on their behalf, the employer is likely to immediately cancel the certification. The employee must then restart the application process if they wish to remain in the United States.

Work With Singh Ahluwalia Attorneys at Law — Your California Perm Labor Certification Attorney

While American companies look forward to hiring U.S.-based workers, the needed skillset is sometimes difficult to find. Applying for a PERM Labor Certification can become confusing and complicated if not done properly.

Fortunately, the immigration lawyers at Singh Ahluwalia Attorneys at Law have years of combined experience to help applicants attain a PERM Labor Certification. Call (559) 878-4958 or Contact us online today for a no-obligation consultation over the phone or in person at our local office.