<\/p>\n\n\n\n
The United States offers many paths to citizenship, each with its own complex, multi-step process. Among the best ways to obtain the much-vaunted \u201cGreen Card<\/a>\u201d is through employment visas such as the EB-2 (for applicants with advanced degrees or extraordinary ability) and EB-3 (for skilled laborers, professionals, and other qualified workers).<\/p>\n\n\n\n Proving you meet the stringent criteria for these visas can be challenging enough, but before anything can get started, your U.S. employer<\/a> must first complete the \u201cPERM\u201d process\u2014often considered one of the most complicated and onerous steps in acquiring an employment-based Green Card.\u00a0<\/p>\n\n\n\n Short for \u201cProgram Electronic Review Management,\u201d PERM is designed to protect American jobs by requiring employers to prove that no U.S. worker (whether citizens or legal permanent residents) can fill the position being offered to a foreign national. <\/p>\n\n\n\n Specifically, an employer must obtain an approved labor certification from the U.S. Department of Labor (DOL) before they file an I-140 petition on behalf of the immigrant worker. <\/p>\n\n\n\n In essence, the DOL\u2019s labor certification gives U.S. Citizenship and Immigration Services (USCIS) the greenlight to process the immigrant petition.<\/p>\n\n\n\n To complete the PERM process, an employer must fulfill these three steps:<\/p>\n\n\n\n Moreover, the employer must provide a detailed job description of the job position, including a daily breakdown of the duties; required levels of education, experience, and skills; and whether there are special responsibilities such as travel and serving a supervisory role.<\/p>\n\n\n\n The purpose of the PWD is to ensure that hiring a foreign worker for the permanent position will not adversely affect U.S. workers. Thus, the employer must pay the foreign worker the \u201cprevailing wage,\u201d defined as the average wage of similarly employed worker in the specific occupation, and within the geographic area, of intended employment.<\/p>\n\n\n\n To request a prevailing wage determination, employers must complete Form ETA-9141 (Application for Prevailing Wage Determination) and submit it to the National Prevailing Wage Center (NPWC) of the DOL. The form must be carefully completed, as even one typo or blank space could result in its rejection.<\/p>\n\n\n\n Within 30 to 180 days before filing the PERM application with the DOL, the employer must demonstrate their efforts to recruit U.S. workers. The means of recruitment must adhere to PERM regulations and certain DOL standards, which set forth how, when, and even where job advertisements are to be placed. The requirements are as follows:<\/p>\n\n\n\n During the recruitment process, the employer must consider any applicants that meet the required criteria and determine if they are qualified to fill the position. However, an employer can reject an applicant if they determine that:<\/p>\n\n\n\n The employer must fully document their recruitment efforts and prepared to submit this evidence in the event of an audit or a request from the Certifying Officer prior to rendering a final determination.<\/p>\n\n\n\n If, after all these efforts, the employer is unable to find qualified U.S. applicants, the employer can finally submit ETA Form 9089, Application for Permanent Employment Certification. Through this form, the employer affirms that:<\/p>\n\n\n\n ETA Form 9089 must be carefully and entirely completed before submission: Any unfilled answer boxes, factual errors, or even typos cannot be corrected once the form is filed\u2014and may result in your application being rejected without the possibility of reconsideration. <\/p>\n\n\n\n Generally, the entire PERM process can take anywhere from eight to 15 months, depending on DOL processing times and your strategy. Once it is successfully completed, your application will be certified by DOL, and must be submitted to USCIS with your I-140 petition. <\/p>\n\n\n\n Timing is of the essence, as the certification has a validity period of 180 days (starting from the date ETA Form 9089 was received), after which it will expire and be rejected by USCIS.<\/p>\n\n\n\n Acquiring a Green Card through an employment visa requires a lot of time, paperwork, and strategy. As even this brief overview should make clear, the PERM application alone is a process onto itself, requiring careful planning, a meticulous attention to detail, and a firm understanding of DOL regulations. <\/p>\n\n\n\n Whether you are a U.S. employer in need of qualified foreign labor to expand your business<\/a>, or a foreign national seeking unparalleled opportunities in the United States, Jurado & Associates, P.A.<\/a> is here to help. Our Immigration Attorneys<\/a> are not only experts in employment visas, including the PERM Process, but bring firsthand experience as immigrants and entrepreneurs themselves.<\/p>\n\n\n\n Our knowledge and love of the law is matched only by our deep appreciation for the challenges facing our clients. That is why our attorneys make the effort to understand your situation, needs, and goals so that we can better serve you. To learn more about what we can do for your business and aspirations, do not hesitate to call (305) 921-0976<\/a> or email info@juradolawfirm.com<\/a>.<\/p>\n\n\n\n <\/p>\n","protected":false},"excerpt":{"rendered":" The United States offers many paths to citizenship, each with its own complex, multi-step process. Among the best ways to obtain the much-vaunted \u201cGreen Card\u201d is through employment visas such as the EB-2 (for applicants with advanced degrees or extraordinary ability) and EB-3 (for skilled laborers, professionals, and other qualified workers). Proving you meet the…<\/p>\n","protected":false},"author":1,"featured_media":8996,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_seopress_robots_primary_cat":"","_seopress_titles_title":"","_seopress_titles_desc":"Hiring an Immigration Attorney with expertise in the PERM process will significantly increase your chances of getting a Green Card and fulfilling your American Dream.","_seopress_robots_index":"","_kad_blocks_custom_css":"","_kad_blocks_head_custom_js":"","_kad_blocks_body_custom_js":"","_kad_blocks_footer_custom_js":"","_kad_post_transparent":"","_kad_post_title":"","_kad_post_layout":"right","_kad_post_sidebar_id":"","_kad_post_content_style":"","_kad_post_vertical_padding":"","_kad_post_feature":"","_kad_post_feature_position":"","_kad_post_header":false,"_kad_post_footer":false,"footnotes":""},"taxonomy_info":[],"featured_image_src_large":["https:\/\/juradolawfirm.com\/wp-content\/uploads\/2022\/02\/perm-1024x683.jpg",1024,683,true],"author_info":{"display_name":"Romy Jurado","author_link":"https:\/\/juradolawfirm.com\/author\/romy\/"},"comment_info":0,"_links":{"self":[{"href":"https:\/\/juradolawfirm.com\/wp-json\/wp\/v2\/pages\/8994"}],"collection":[{"href":"https:\/\/juradolawfirm.com\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/juradolawfirm.com\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/juradolawfirm.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/juradolawfirm.com\/wp-json\/wp\/v2\/comments?post=8994"}],"version-history":[{"count":0,"href":"https:\/\/juradolawfirm.com\/wp-json\/wp\/v2\/pages\/8994\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/juradolawfirm.com\/wp-json\/wp\/v2\/media\/8996"}],"wp:attachment":[{"href":"https:\/\/juradolawfirm.com\/wp-json\/wp\/v2\/media?parent=8994"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}An Overview of the PERM Process<\/strong><\/h2>\n\n\n\n
Step One: Prevailing Wage Determination (PWD)<\/strong><\/h2>\n\n\n\n
Step Two: Recruitment Activities <\/strong><\/h2>\n\n\n\n
Step Three: File the PERM Application with DOL<\/strong><\/h2>\n\n\n\n
Work with an Immigration Lawyer from Jurado & Associates, P.A.<\/strong><\/h2>\n\n\n\n