Labor certification is a three-step process initiated by a potential or current employer that results in the issue of a green card and permanent resident for apotential immigrant worker. It is essential that you seek for a professional guidance of an experienced houston labor certification lawyer to support you and your family throughout the process.
Labor Certification (PERM)
Every year, about 140,000 people permanently immigrate to the United States for work. All but a handful of these people are sponsored by the United States employers. To lawfully bring a foreign employee to the U.S, the employer must get the federal Department of Labor (DOL) to issue a labor certification form. DOL must certify that:
- There are insufficient available, qualified, and willing U.S. workers to fill the position being offered at the prevailing wage,
- Hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
To make this certification, DOL has a complex process, known as PERM, which employers must go through.Immigration law requires that employers pay foreign workers at least the prevailing wage for the worker’s position, so the first step in the PERM process involves figuring out what the prevailing wage for the job position would be, to get this information, the employer files a request with the DOL for a prevailing wage determination (PWD). The DOL figures out what the prevailing wage is that are based on information supplied by the employer like; job requirements, job duties, the worksite location, and the common wage for the specific job position in the specific worksite location.
Once the employer gets a PWD, they must advertise for the position at the PWD pay rate. it is an essential step in the process since DOL must be able to certify that there were no suitable workers already in the United States. The DOL will not certify that there were no workers are available unless the employer made an effort to finding them.
If the employer does not find any suitable applicants after making an effort, the employer can file the PERM application with the DOL to get a labor certification. Once the labor certification get granted, the employer and potential employee can move forward with the green card process.
Application audits are very common, so having everything in perfect condition is essential to keeping the process moving in the future. An immigration law firm in houston tx can help employers navigate the labor certification process and ensure that all the necessary forms are filed and steps are taken. Contact us for a consultation regarding your labor certification issue today.
How To You Begin Labor Certification Process?
Its a type of certification that begins when the employer hires an attorney to list the title and duties of a full-time position in a company. it would include academic qualification and experience skills. The job description is then forwarded to the labor department of the state where the entity based, where a realistic wage parameter is set to reflect similar positions.The job must get advertised in the United States first by utilizing various medium including the Labor Department’s website, and other printed and non-printed medium. The purpose is to ensure that no U.S worker is able to meet the qualifications before extending the search to beyond the United States borders.
What Are Immigrant Petitions?
Here is were the employer goes tothe U.S. immigration for an immigrant petition that would permit them to seek out and hire alien workers. The process will proceed if no suitable candidate was found for the job offered in the United States, and the academic and experience requirements indicated by the employer are fair and realistic for the job.
You are then considered for the position if the applicant qualifies for the job as proved by academic background and work experience the employer can validate their capability to meet the proposed salary offer.
If Approved, Can You Apply for Permanent Residency?
Straight answer yes!When the conditions are approved, you and your immediate family are able to then apply for permanent residence – or your green cards through the adjustmentstatusprocess either in your native country or – if you are currently residing in the United States. Get in touch withabogados en texas de inmigracion for more information.