What Is PERM Labor Certification?

In the United States, foreign workers who wish to come to the country to work must first obtain a work visa. For many, the first step in this process is obtaining a PERM labor certification. It is a prerequisite for many employment-based visas, including the EB-2 and EB-3 categories. The PERM (Program Electronic Review Management) labor certification process is a complex and detailed process that requires careful planning and execution.

What Are the Steps of the PERM Labor Certification Process?

The purpose of the PERM process is to ensure that there are no qualified U.S. workers available to fill the job opening before an employer can hire a foreign worker. The process involves several steps that must be followed precisely to avoid delays or rejection, including determining the job requirements, obtaining a prevailing wage determination (PWD), conducting recruitment efforts to find qualified U.S. workers, and filing a labor certification application (ETA Form 9089) with the U.S. Department of Labor (DOL).

The PERM process is a lengthy and complex process, and it requires meticulous attention to detail and adherence to strict guidelines and regulations. Employers must document all aspects of the recruitment process, keep accurate records, and provide extensive evidence to support their labor certification application.

The PERM labor certification process is an essential step for U.S. employers who wish to hire foreign workers for permanent employment in the United States. If you are an employer seeking to hire a foreign worker, it is essential to consult with an experienced immigration attorney who can guide you through the process, help you avoid costly mistakes, and ensure that all requirements are met to avoid delays or rejections of the application.

What Industries Have the Highest Success Rates?

The PERM (Program Electronic Review Management) labor certification process is used by employers in a variety of industries to obtain permission to hire foreign workers. However, the success rate of the process can vary depending on a number of factors, including the industry and the specific job requirements.

The industries that have the highest success rates for the PERM labor certification process are those that require highly skilled workers in fields such as science, technology, engineering, and mathematics (STEM). This is because these industries often have a shortage of qualified U.S. workers and rely heavily on foreign workers to fill critical positions.

In particular, the IT industry has a high success rate for the PERM labor certification process. This is because there is a high demand for skilled IT professionals in the United States, and many employers struggle to find qualified U.S. workers to fill these positions. Other industries that have a high success rate for the PERM labor certification process include healthcare, finance, and academia.

The success of the PERM labor certification process depends on a variety of factors, including the industry, the job requirements, and the employer’s ability to follow the guidelines and requirements of the process. Employers seeking to hire foreign workers should consult with an experienced immigration attorney to determine their eligibility for the PERM process and to ensure that they are following all the necessary steps and requirements.

Do I Need an Immigration Attorney?

An experienced immigration attorney can be an invaluable asset when navigating the PERM (Program Electronic Review Management) labor certification process. Here are some ways in which an immigration attorney can help:

Assess eligibility: An immigration attorney can help an employer assess their eligibility for the PERM process by reviewing the job requirements, the industry, and other factors that may impact the likelihood of success.

Plan and prepare: An immigration attorney can help an employer plan and prepare for the recruitment process by advising on where and how to advertise the job opening, what documentation to keep, and how to ensure that the recruitment process is fair and unbiased.

Review documentation: An immigration attorney can review all the necessary documentation, including the labor certification application, prevailing wage determination, and recruitment documentation, to ensure that everything is in order and meets the requirements of the process.

Address issues and concerns: If any issues or concerns arise during the PERM process, such as a denial or request for additional information, an immigration attorney can help address these issues and provide guidance on how to proceed.

Navigate other visa options: If the PERM process is not successful or not an option, an immigration attorney can help an employer explore other visa options for hiring foreign workers, such as the H-1B or L-1 visas.

An experienced immigration attorney can help an employer navigate the PERM labor certification process by providing guidance, support, and expertise. This can help ensure that the process goes smoothly and that the employer is able to successfully hire the foreign worker they need for their business. Call Yew Immigration Law Group at 408-645-6395 for a case evaluation today!