Obtaining certain employment-based visas in South Florida requires labor certification through the U.S. Department of Labor. If your business is looking to hire a foreign national, an experienced labor certification attorney can help.
Shannon Rosales Law PA is a leading immigration law firm serving clients throughout Florida. Founding attorney Shannon Rosales is well-versed in the PERM labor certification process and highly regarded for helping employers sort through the complicated U.S. immigration laws. Trust Shannon to guide you through the process and help you reach your employment objectives. Contact Shannon Rosales Law today for a consultation.
What Is A PERM Labor Certification?
The permanent labor certification program (PERM) determines whether hiring non-U.S. citizens would:
- Prevent equally capable U.S. workers from obtaining similar positions and
- Have adverse effects on the working conditions or wages of U.S. workers employed in similar fields.
The program is administered by the Labor Department’s Employment and Training Administration (ETA). Employers looking to sponsor foreign nationals must first obtain a PERM certification from the ETA before they can submit a petition to U.S. Citizenship and Immigration Services (USCIS).
PERM Application Process in South Florida
An employer must file ETA Form 9089, Application for Permanent Employment Certification, to obtain a permanent labor certification. As part of the application, the employer must also attest to the following:
- The job listing was made available to U.S. workers
- If any U.S.-citizen job applicants have been denied for lawful reasons
- The job is a full-time, permanent position and did not become available because of a strike or labor stoppage
- The wages are equal to or greater than the prevailing wages for the given field
- The employer can put the prospective employee on payroll before or on the day of their arrival in the U.S.
- The employer did not discriminate based on age, sex, religion, race, creed, color, nationality, disability, or citizenship in making the job offer
- The working conditions and terms of employment comply with applicable federal, state, and local laws
The processing time for a PERM application is lengthy; however, filing online can help to expedite the process. Filing online is also a good idea if you plan on submitting more than one form 9089 since information can be reused on multiple applications.
Pre-Filing For Labor Certification Recruitment Requirements
Employers must complete certain recruitment activities before submitting their PERM application. If the position is for a professional occupation, the employer must list the job with the State Workforce Agency (SWA), place at least 2 job advertisements in separate editions of a popular newspaper, and use at least 3 of the following recruitment methods:
- Advertisements on television or radio
- Local and ethnic newspapers
- Job listings on the company’s website
- Job fairs
- College or university campus recruitment
- Trade organizations
- Recruitment agencies
- Job search sites
- Employee referrals
Employers must list nonprofessional positions with the SWA and only place two newspaper advertisements. Employers must take these recruitment steps no less than 30 days before submitting the PERM application.
Notice Requirements in South Florida
The employer must provide notice that they will be submitting the PERM application to current employees or their union representative, if applicable. The notice must:
- Be provided between 30 and 180 days before submitting the PERM application
- Contain the wage being offered for the position
- Include the address of the person (the Certifying Officer) handling the application
- State that a PERM application will soon be filed
Once the recruitment and notice requirements are met, the employer can start the PERM application process.
Filing For An Employment-Based Visa
A PERM labor certification demonstrates that (1) the employer tested the labor market in the geographic area where the permanent job offer is located and (2) there are no able, qualified, and available U.S. workers who are willing to accept the job offer and (3) the employment of the foreign national will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Once the employer receives the labor certification, they can begin filing for the EB-2 or EB-3 visa for the non-U.S. citizen beneficiary. The petitioner must submit USCIS Form I-140, Immigrant Petition for Alien Worker, along with the PERM certification, within 180 days of the approval. USCIS will assess whether the beneficiary was qualified for the position when the PERM application was submitted.
Why Choose Shannon Rosales Law?
The permanent labor certification process can be complicated and confusing. The ETA will deny your PERM application if you don’t meet the prefiling requirements or if you submit an incomplete application. If you don’t file the immigration petition to USCIS within 180 days of PERM certification, the petition will be rejected, and the labor certification will expire. You can avoid these pitfalls by working with our capable labor certification lawyer. Shannon Rosales has extensive experience filing for employment-based visas and labor certifications and will handle your PERM application professionally and expediently.
Contact Our Experienced South Florida Labor Certification Attorney
Shannon Rosales is a dedicated immigration attorney who provides each client with informed representation and dependable service. Contact Shannon today so she can start working on your PERM labor certification.
