By: Shah Peerally Esq.
In the year 2005, the Program Electronic Review Management (PERM) was brought into force by the Department of Labor (DOL). It replaced the previous system know as Reduction in Recruitment (RIR), as a step towards employment-based green card cases. Such a certification is required for those applicants under the employment-based preference 3(EB3) and category employment-based preference 2 (EB2).
The PERM Labor Certification makes it necessary for an employer to try out the labor market in order to make sure that there are no candidates amongst the US workers, who are willing and able for the post that is being advertised. Once the certification process is over, an employer can then proceed to file the immigrant petition for the foreign worker and hire them on for a permanent position.
As a first step, the application is send to the Department of Labor (DOL) through email. For this, employer has to try and fill the open position with an American worker before even trying for a foreign worker.
Some tips for PERM Labor Certification
The PERM Labor Certification application should describe in detail, the educational requirements, duties, experience, and training besides any other special capabilities that the employee must have for such a post. To this must be added a statement of the prospective immigrant’s qualifications this needs to be attested with original signatures of the employer and the ‘alien’ too.
Neither the alien, not the employer should think that the labor certification process will be a cakewalk, because in most cases it is not! It will be approved subject to no such US workers, which is something neither the alien not the employer can guarantee. This is where the services of a good immigration lawyer can help you in the right direction.
Keep some time in hand while the application is being filed. Raising the hopes of the alien or the employer is useless mainly because one never really knows when the case will be filed or by which date. Since this is a complex legal process, if even one of the required recruitment options is not met with or does not comply with the PERM labor certification regulations, the whole process may have to be repeated, which will need additional time.
Both the employers and the alien need to be ready for the possibility of facing an audit as a part of PERM labor certification. This might take additional time and preparation too.
When as an employer you might pitch in for a foreign candidate always be concerned about maintaining and giving due importance to the PERM labor certification regulations which will make the Department of Labor understand your case better too.
It should be understood by all that the PERM labor certification regulation process can sometimes be unpredictable, especially with regard to understanding and accepting all the conditions that are specified.
PERM labor certification is of great importance, in terms of being an alternative to H1B visa too. While H1B does not let you even think about permanent residence, meeting the PERM labor certification in the event of H1B cap being reached can be a relatively safe option.
PERM labor certification is full of legal angles and complexities that may not really be possible for an individual or a company to deal with by themselves. Shah Peerally Law Group with their experienced attorney’s in Immigration law and vast experience are ideal candidates that you might consult for such certifications. Feel free to or email them at [email protected] OR even call them up for advice at- (510) 742-5887
