PERM Labor Certification

Rhode Island and Massachusetts Immigration Lawyer

Program Electronic Review Management (PERM) is the system used to process labor certifications, which is the first step certain foreign nationals must take in order to obtain an EB-2 or EB-3 visa immigrant visa.

Purpose
Before a U.S. employer can file an immigration petition for a foreign worker for most positions covered under EB-2 and EB-3 visas, the U.S. Department of Labor (DOL) must approve a labor certification. Accordingly, the employer must first submit the ETA Form 9089 to DOL, which demonstrates that:

  • There is not a sufficient number of U.S. workers who are able, qualified, and willing to accept the job offer in question at the prevailing wage for that occupation in the area where the employer intends the foreign worker to take the job; and
  • By employing the foreign worker, neither the wages nor the working conditions of similarly employed U.S. workers will be adversely affected.

Process

There are 3 steps to obtaining a Green Card for your employee:

  • The U.S. employer submits the labor certification application, ETA Form 9089, either electronically or by mail to DOL for adjudication. While employers do not have to submit supporting documents at the time of filing, they must have conducted all recruitment activities and compiled all documentation prior to filing.
  • After DOL approves a labor certification, the employer must file the Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS) before the labor certification’s validity period, which lasts 180 days, expires.
  • The foreign employee files the Form I-485, Application to Register Permanent Residence, along with other supporting forms and documents with the USCIS.

Overall, the PERM labor certification is an extremely complicated and time-sensitive procedure. We recommend that you consult with an experienced immigration attorney. At the Attorney Saikon Gbehan, we can help employers secure PERM certification for their employees in both Rhode Island and Massachusetts.

Contact us today to get started!