Houston PERM labor certification attorney

PERM – Labor Certification

what is perm labor certification?

PERM is an acronym for “Program Electronic Review Management process” and is the latest DOL online procedure for filing a Work Certification Application (Form ETA-9089). It became effective on March 28, 2005, and all Certifications filed after that date must be filed. Traditional Certification or RIR processing is NO longer available after March 28, 2005.

It requires the petitioning company to conduct a series of enrollment activities to test the job market prior to applying. If no qualified and willing applicant (US citizen or Stable Resident) is found through the commissioning, the manufacturer will be able to submit the form online.

Recruitment and other supporting documents are not submitted at the time of filing. However, the petitioning person is required to attest that all is ready and available prior to applying. If the Department of Labor (DOL) should audit the organization, the filling information must be presented within 30 days.

An electronically filed documentary application could be adjudicated in approximately 45-60 according to the regulations. However, most filed applications will be adjudicated in more than 45-60.

Who needs PERM Certification?

Generally, accreditation is the first step in filing most employment-based petitions. With a few exceptions, immigrant petitions involving professionals with advanced degrees or exceptional abilities (EB2), and professionals with bachelor’s degrees, skilled workers, and unskilled workers (EB3) require this kind of special approval. Immigrant petitions in the following categories are NOT required to obtain authorization:

  • Aliens with Extraordinary Abilities,
  • Outstanding Researchers/Professors,
  • Intra-Company Transferees for Multi-National Executives (EB1)
  • NIW or National Interest Waivers (EB2)
  • Investors (EB5)
  • All family-based immigrant petitions

What is the general procedure for PML?

The process involves a thorough review of the alien beneficiary’s qualifications, the position offered and the employment setting, the strategic design and requirements for the work, the detail arrangement and follow-up of the hiring schedules, the compliance of assignment procedures, and the proper documentation and technical review of the ETA-9089.

The general procedure for filing for certificate is described below:
  • Subject agrees to sponsor and proceed with the authorization for the alien beneficiary;
  • Manager registers at the PERM Online System per attorney’s instruction and assigns the attorney a sub-account;
  • Firm screens and reviews applicants, and conducts phone or on-site interviews (if necessary);
  • CEO makes decisions and determinations of each application presented for the offered task opportunity;
  • If there is no qualified U.S. worker for the position, then they proceed to submit the application;

For successful cases, the DOL will certify (approves) the terms of examination 45-90 days from the date of filing. Some cases can be approved in a single day, and others could take up to one year.

If the DOL chooses to audit the petition, the corporation must submit everything within 30 days. If the owner fails to submit it within that time, it will not only deny the specific case but also can require future applications from the same person to go through a supervised advertisement.
After reviewing the employer’s information submitted in an audited case, the DOL may certify the petition, deny the petition, or ask the patron to go through supervised enlistment.

The nomination is a complicated process and assistance from an experienced migration attorney is highly recommended. At the Law Offices of Adan G. Vega & Associates, PLLC, our experienced attorneys have successfully represented many qualification cases.

What are the requirements?

The Accrediation imposes specific requirements on the applicant who must attest to the following upon the Form ETA-9089 application:
  • The duty is a bona fide full-time job offer located within the U.S.;
  • The offer meets prevailing wage;
  • The offer’s working conditions and environment and hiring of the alien does not adversely affect U.S. workers; and
  • There is no qualified U.S. worker available to accept the assignment offer through the line processes.
Advertising and Recruitment

The DOL changed the advertising requirements of the verification process in order to ensure every possibility is given to hire US workers over foreign workers. The organization must conduct mandatory service activities no more than 180 days but no less than 30 prior to the date of submitting the Sheet ETA-9089:

  • Place an advertisement on “two different Sundays in the newspaper of general circulation”; or if it is for one with an advanced degree, the director can place the advertisement in a national professional journal AND in one Sunday edition of the newspaper;
  • Place order with the state order system for at least 30 days;
  • Post an internal profession posting with all required information for a period of 10 consecutive weekdays; or give proper notice to bargaining representative if the role is a union part.
  • If the position offered is a professional employment (all EB-2 cases and most EB-3 cases that require a degree), the regulation requires to conduct at least three (3) of the following options during the period mentioned above (except one activity could be within 30 prior to the date of submission):
  • Posting fairs;
  • Company’s web site;
  • Other Career search web site;
  • On-campus recruiting (usually for no-experienced position);
  • Trade or professional organizations;
  • Private employment firms;
  • An employee referral program, if it includes identifiable incentives;
  • A notice of the opening at a campus placement office, if the profession requires a degree but no experience;
  • Local and ethnic newspapers, to the extent they are appropriate for the opportunity;
  • Radio and television advertisements

Though the supporting docs are not submitted at the time of online fill, the chief must keep a full set of all documentation for at least five (5) years from the date of submission.

The above requirements might be waived for a tenure-tracked teaching position at a university or college if the position is offered through a competitive selection.

What factors may affect the PERM labor certification process?

These factors might have an impact on the outcome of designation:
  • CO sponsorship – it is very important to have a cooperative relationship with the director.
  • Current status of the U.S. economy on a regional and local level;
  • Shortage/surplus of billet candidates within the local area;
  • Post qualification: nature of the calling and whether it requires specialized or basic training.
  • Layoff record within the past six months prior to the submission;
  • Hiring practices of U.S. workers evidenced by its percentage in relation to its entire workforce;
  • Salary offered.

How to Determine Whether an owner has the Financial Ability for a Petition

All employment immigration petitions require that the petitioner is capable to pay the offered salary and maintain such ability until the alien receives fixed resident status.

The owner will be considered to have the ability to pay if any one of the situations is met:
  • By demonstrating that the petitioner’s net current assets were equal to or greater than the offered salary in all years under consideration (Net current assets are the difference between current assets and current liabilities);

Though financial files are not required during the submission, the USCIS requires financial doc from the date of the submission and through the Form I-140. In some cases, USCIS may further check the CO’s ability to pay during the Document I-485 adjustment status even after the Blank I-140 has been approved.

Immigration attorney Houston, TX

Adan Vega immigration attorney in Houston,TX represents clients worldwide and offers consultations with an experienced Board-Certified immigration lawyer, either by telephone or at our Houston law office. To schedule an appointment to talk privately with one of our Houston immigration attorneys, call (713) 527-9606 or contact us online.