ALL ABOUT PERM LABOR CERTIFICATION

In order to obtain employment based U.S. permanent residence or a “green

card”, in most cases, there are three steps. People who want to apply for U.S.

Permanent Residence through this route need a sponsor. The following explains

what PERM Labor Certification is and how a business can qualify to act as the

sponsor. For more detailed information, please do not hesitate to contact us.

WHAT IS PERM LABOR CERTIFICATION?

PERM Labor Certification is the first step towards U.S. Permanent Residence or

a Green Card. 

1) First we work with the Employer Sponsor to determine the job title, job duties and minimum requirements such as education, experience and / or special skills.  We submit this information online to the Department of Labor (DOL).  Four to seven months later, the DOL issues via email to your attorney, the Prevailing Wage Determination.  

While this is pending, we obtain access to the Federal DOL PERM account.   The user name, password and pin is issued to the employer sponsor via email. 

2) Next, the employer sponsor performs a “test” of the local labor market

by running ads in the local print newspaper and online.  Print ads are placed in the local print newspaper and online on the State Workforce Agency (DOL) website in entry level jobs and more advertisements required for higher level jobs.   Resumes from potential applicants are

submitted directly to the employer for review. The recruitment process takes

approximately sixty-two days plus any time for the employer to review resumes

received and issue the recruitment report to our office. If a qualified U.S. worker

is not found, we then prepare the forms and file the PERM application online with

the Department of Labor. Normal processing time frame for action on a pending

case varies from 3 to 8 months but you can also check the "normal" processing time frames by clicking this link:  https://flag.dol.gov/processingtimes

WHO CAN BE A SPONSOR? 

In order to sponsor an immigrant in the PERM Labor Certification process:

• The sponsor must either be an incorporated (legal) business or an

individual. The owner of the business or the individual must have legal

status in the United States and must be either a U.S. Citizen or a U.S.

Permanent Resident, except in limited cases. 

• The business or individual must file taxes each year. VenLaw will need to see the business tax returns for the most recent two years so we can confirm that the company is eligible to be a sponsor from a financial point of view.

There are many ways a sponsor can qualify. One way is to show that there is positive net income and another way is to show that the business has assets. The attorney must review the tax returns and confirm eligibility before we move forward on the case. The sponsor’s tax returns will be kept confidential and will not be shown to the person being sponsored.

Does the person I am sponsoring need to work for my company now?

Answer: NO. By filing a PERM Labor Certification, the sponsor is saying that in

the future, once the application for U.S. Permanent Residence is approved, the

sponsor as the intention to hire the immigrant. The immigrant does not need to

be working for the sponsor now. It is OK if the immigrant is lawfully working for the

sponsor now, but it is not necessary.

What will I have to do as the sponsor?

Answer: The attorney will do most of the work for the sponsor. We help you

from start to finish and try to make the process as easy as possible for the

sponsor. We make sure that the sponsor follows all PERM Labor Certification

process rules and we document all recruitment for you, organize it in neat file and

give to you for your records. We also draft all the forms and provide to the

sponsor for review and signing before we submit to Department of Labor or

Immigration.

What kinds of documents will I need to give the attorney?

Answer: We will need a copy of your federal tax return for your business from

the most recently filed tax year, confirmation of your Federal Employer Tax

Identification Number and basic information about your business such as your

current number of employees, your office address, etc.

What if I have questions?

Answer: As the sponsor, you can contact us at anytime with questions. We are

happy to answer your questions and explain the process to you in detail. We will

be available throughout the entire process to you.

Law Firm has been working together for 30 years and has a proven track record of success. We use that experience to help you down a path to the results you need. Check out our success stories, and then schedule your free phone consultation today.