A Complete Guide to the PERM Labor Certification Process in NYC

For those who are looking to obtain an employment-based visa in the US, it is crucial to understand the different requirements imposed by the US Citizenship and Immigration Services (USCIS). One of the most critical of these requirements is the PERM Labor Certification process NYC, which involves getting approval from the Department of Labor (DOL) before the USCIS can issue a visa. In this blog post, we will provide you with a comprehensive guide on what the PERM Labor Certification process is and what it entails in NYC.

1. Understanding the PERM Labor Certification Process

The PERM Labor Certification process aims to protect the American labor market by ensuring employment opportunities are given to qualified US workers first before offering employment to foreign nationals. The process requires companies to prove that a foreign national worker is qualified, and that there is a lack of eligible US workers for the position. Companies must also prove that they are offering suitable working conditions and wages to the foreign national worker.

2. Eligibility Requirements

Before starting the process, it is essential to determine if the foreign national worker is eligible for a green card through their employer. The individual must have a valid job offer and an approved labor certification, among other requirements, such as possession of educational qualifications or a combination of experience and education in the field.

3. Filing the Application

The process starts by filing an Application for Permanent Employment Certification, or ETA Form 9089, with the DOL. It can take anywhere from six to ten months to get approval, depending on how long it takes for the DOL to review and accept your application. The ETA form requires detailed information about the employer, job title, and job requirements.

4. Recruitment

As part of the PERM process, the company must engage in active recruitment to prove that there is a lack of eligible US workers for the position. This recruitment process must begin at least 30 days before the application process starts. Recruitment may involve placing job postings in newspapers, job fairs, and even on company websites. The recruitment process must also include specific requirements dictated by the DOL, such as placing ads for a minimum of three consecutive days in a local or regional newspaper.

5. Approval and Denial

Once the application has been reviewed by the DOL, the company will receive a decision in the form of an approval or a denial. If the DOL approves the application, the company can proceed with filing the visa petition with the USCIS. If the application is denied, the company may appeal the decision or file a new application.

Conclusion:

Navigating the PERM Labor Certification process requires a thorough understanding of the requirements and procedures involved. Hiring an experienced immigration lawyer can make the entire process easier and help ensure that the application is filed correctly. While the process may seem daunting, remember that it is only one step in obtaining a green card and successfully working in the US, and it can ultimately lead to citizenship.