Omaha PERM Attorneys
Guidance Throughout the PERM Labor Certification Process
Want to bring a foreign worker into the United States with an employment-based Green Card? You will most likely need to go through the Program Electronic Review Management (PERM) Labor Certification system, which most contexts just call PERM. For applicants who are unfamiliar with PERM and its requirements, it is often both the first and the last step of their immigration process they complete.
Do not get caught up and confused in the PERM system. Come to Carlson & Burnett in Omaha for all the guidance and answers you need to make applying for an employment-based visa simple.
Trust our Omaha PERM lawyers for your case. Call 402-403-4358!
PERM Process & Eligibility
In many situations, getting the best possible worker to fill a role means looking to the talent pools of other countries because there are no viable applicants in the U.S. When this happens, the PERM system comes into play. The applications for permanent status via employment can also be utilized in some instances by the immigrant workers directly, especially in the cases of EB-1 or National Interest Waiver petitions. Most of the rest of the employment-based categories are employer-sponsored.
Eligibility to get an approved PERM Labor Certification requires the employer to:
- Look locally: You, the employer, must provide evidence that you first looked for an American worker to hire for the opening in your company before relying on a foreign worker. The USCIS usually expects you to look within the United States for at least 30 days and use methods like newspaper and online advertisements.
- Offer full-time work: You must offer full-time and permanent employment to the foreign worker you wish to sponsor and bring into the country using PERM. Part-time or temporary positions are excluded from eligibility.
- Have an actual need for the work: You must have a need for the foreign worker as a staff member to improve or continue business operations. You must also actually have a job opening available when using the PERM system, so you cannot use it in advance or after a job position is filled.
- Not modify the job requirements: You must offer a job position with requirements that would be expected of an American worker. Modifying the job requirements to allow a less qualified or inexperienced foreign worker to accept and complete the role in not permitted through PERM.
- Pay a fair amount: You must agree to pay a foreign worker a wage that an American worker in the same industry and/or locality would consider fair based on what was being asked of them. Paying more to attract a foreign worker specifically is disallowed. Paying less to a foreign worker because they are unaware of the average pay amount in the industry can also make you ineligible to use PERM.
Once You’re Eligible, We Can File
If we determine that you are eligible for PERM Labor Certification, then we can help you file to use the system. You will need to complete an Application for Permanent Employment Certification or ETA Form 9089. Our Omaha PERM Labor Certification attorneys can help you fill out the form as thoroughly as possible, which will include information about the job requirements and why the selected foreign worker is qualified for the job.
The application can be filed through the mail with signatures from you, the foreign worker, and your attorney if we prepare the form on your behalf. You might also be able to file electronically, which can be easier and quicker. We would be happy to help you figure out how to file as well. When we are your chosen immigration lawyers, you can be certain that you have reliable guidance, legal counsel, and moral support all along the way.
Let’s discuss your case today. Contact us onlineto begin.