PERM

The Labor Certification Process

Immigration Solutions Group, PLLC (”ISG”) has a track record of success in helping clients obtain an approved labor certification.  The process is exacting and complex.  Most employment-based permanent residence categories require that the U.S. employer successfully complete the labor certification process.  The Department of Labor must either grant or deny the certification request.  With ISG, clients get approvals.

Indeed, the Immigration and Nationality Act provides a yearly limit of 140,000 employment-based immigrant visas, which are divided into five preference categories.  Categories 2 and 3 usually require a labor certification from the U.S. Department of Labor (DOL) before filing a petition with the United States Citizenship and Immigration Services (USCIS).   An alien may not immigrate in the employment-based classifications unless the Secretary of Labor has determined that there are not enough domestic workers available in the United States to perform the intended employment in the part of the United States where the alien will be employed and that the alien’s immigration will not adversely affect wages and working conditions in the United States.  The intending employer may not file a Form I-140 with USCIS unless the intending employer has obtained this labor certification, and includes the labor certification with the Form I-140.  The intending employer obtains this labor certification as provided in regulations published by the U.S. Department of Labor, not USCIS.

“PERM” is the current labor certification application process by which employees file for employment-based “green cards” through their employers.  (Prior to the implementation of the PERM regulations in the spring of 2005, the labor certification process was described as complicated and time consuming).  PERM is intended to streamline and simplify the process. PERM has largely accomplished that goal. Nonetheless, PERM is an exacting process, and unforgiving of mistakes in filling out the application or misunderstandings about the regulatory requirements.

ISG knows the frustration of employers and employees fed-up with the lack of progress of their labor certification cases filed under the old system. Utilizing PERM, ISG helps. Because labor certification applications under the old system have fallen into a black hole, ISG believes in taking a closer look at a particular case to determine if it would be beneficial to file under the new PERM system and further examines the possibility of filing for a higher employment based preference category. ISG is not afraid to take a close, hard look at a case and make important aggressive steps to improve a client’s situation! Contact ISG at (202) 234-0899 to learn more about what they can do.

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Generally, PERM stands for “Program Electronic Review Management process”; it is an entirely new procedure for filing Labor Certification Applications.

PERM took effect on March 28, 2005. This means that ALL Labor Certifications filed after March 28, 2005 must be filed using the PERM process. Old cases can often be refiled under more favorable circumstances.

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The main distinction between PERM and the previous Labor Certification process is that under PERM, an electronically filed PERM Labor Certification application is expected to be adjudicated in around 45-60 days according to the Department of Labor (DOL).

PERM Labor Certification is an extremely complicated procedure and many firms are uncomfortable with the new area of law. However, ISG specializes only in immigration law enabling them to be up-to-date on the new law and well experienced in the area of PERM. Consult with an ISG immigration attorney for details on what ISG can do.

Contact ISG at (202) 234-0899 to request further information, or e-mail.