For most individuals in pursuit of an employment-based green card, the Labor Certification is the first step in the process. At Szabo, Zelnick & Erickson, the immigration attorneys are experienced in the Labor Certification process, having successfully navigated the Department of Labor’s PERM (Permanent Electronic Review Management) system from its beginning, in March 2005.
In the Labor Certification PERM process, the Department of Labor requires that an employer test the local labor market for verification that there are no qualified, interested or available U.S. workers. The labor market test consists of recruitment efforts, including two advertisements in the Sunday newspaper (or alternatively one Sunday newspaper ad and on ad in a professional journal) and a job order with the state employment department for thirty days. Three additional recruitment efforts are required for professional positions. The additional recruitment steps can include the following:
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A posting on the employer’s website
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A job search website
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A campus placement office
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An employee referral program
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Radio or television ads
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Local newspapers
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A job fair
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A professional journal
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On-campus recruiting
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A professional job placement agency
The immigration attorneys at SZE work closely with employers to conduct the recruitment, ensuring that no steps are missed and that all of the Department of Labor requirements are met in this critical step of the process. The immigration attorneys at SZE also track the dates of the recruitment to ensure for timely filing of all applications.
Upon completion of the labor market test, the immigration attorneys at SZE will create a PERM Audit File in preparation for the PERM filing. A properly documented Audit File is essential for tracking all of the recruitment efforts and results as supporting evidence for the filing.
Upon certification of a PERM application from the Department of Labor, the next step of the process is to file the Immigrant Petition for Alien Worker (Form I-140). At SZE, the immigration attorneys have the ultimate goal, the green card, in mind at all times. The SZE immigration team will continue to work closely with employer and employee, ensuring that the I-140 petition is filed timely and with all of the required evidence.
Developing a strategy for the PERM filing is the most crucial step of the Labor Certification and employment-based green card process. The immigration attorneys at SZE work with both employer and employee to develop an effective strategy. Part of this strategy includes whether to file an application in the second or third employment-based (EB-2 or EB-3) immigrant visa category. The EB-2 category is reserved for positions that require an advanced degree (or the foreign equivalent of a Bachelor's degree and 5 years of progressive work experience). The EB-3 category is reserved for professionals and skilled workers in positions that require a Bachelor's degree or two years of work experience). Positions requiring less than two years of work experience are classified as Other Workers.
With a strategy in place, the immigration attorneys at SZE carry this out through the PERM filing and beyond – including any Department of Labor audit, filing the immigrant visa petition (Form I-140), and adjusting status to permanent resident.
If you have questions related to the PERM Labor Certification or employment-based green card process, please contact us at: (703) 494-7171 or email at info@szelaw.com.