Immigration - Labor Certification

Top Immigration Attorney in Miami

U.S. immigration law allows employers to sponsor foreign workers for legal permanent residency. To do so, many employers must first go through the labor certification process. Successfully navigating this process, though, requires carefully complying with many complex regulations. At Seltzer Mayberg, LLC, we have the experience to help employers with labor certifications and related filings.

The PERM Process

If an employer wants to permanently employ a foreign worker, the company likely must file a labor certification through the U.S. Department of Labor’s Permanent Electronic Review Management system. Essentially, the PERM process confirms there is no U.S. citizen or legal permanent resident with the necessary skills available to do the job. This typically requires four steps:

1. Accurately identifying the job duties and minimum requirements for the position
2. Ensuring the employee’s wage is equal to or higher than the prevailing wage for the job
3. Recruiting for the position by advertising for it in compliance with U.S. DOL requirements
4. Screening all potential applicants to determine if a U.S. worker is available to do the job

Before filing a labor certification, employers must verify they have complied with U.S. DOL guidelines. To verify compliance, government officials may conduct audits or site visits.

Special Requirements for Professional Workers

With many labor certifications, employers must post two ads in the Sunday edition of the newspaper. They must also post the position with the state workforce agency and internally. If the position is a professional one, though, employers must take additional recruitment steps.