PERM Attorney in Louisiana
Helping Clients Navigate the PERM System in Baton Rouge
The Program Electronic Review Management process is a system by which employers submit electronic applications to the Department of Labor (DOL) to hire foreign workers. This system ensures that the employer pursued applicants within the United States and exhausted their resources to no avail. The DOL may accept the employer’s efforts to hire foreign workers or choose to deny their application.
The United States is a historically diverse nation of foreign workers, entrepreneurs, and individuals pursuing the American Dream. However, the immigration system remains highly complex, and many prospective immigrants may find themselves in a difficult position as a result. The Scott Law Firm, LLC believes in advocating for our clients’ goals and helping them pursue the most favorable outcome.
When you need dependable legal counsel, do not hesitate to call our Baton Rouge PERM lawyer at (225) 396-5262 for more information.
What Is PERM?
PERM is the Program Electronic Review Management System used by the Department of Labor to certify foreign workers. This system is a part of the permanent labor certification process which allows foreign works to find employment at companies and businesses within the United States. The certification process also allows the employer to obtain permanent residence for international workers.
The permanent labor certification program requires employers to submit an immigration petition to the U.S. Citizenship and Immigration Services (USCIS) as the first step in the process. The employer is responsible for obtaining an official labor certification application from the DOL’s Employment and Training Administration (ETA). Once the labor certification application is obtained, the DOL must certify to the USCIS that there are not sufficient workers within the United States who are able, willing, or qualified to accept the job opportunity within the employer’s company.
The PERM system effectively organizes and automates the filing and documentation process to ensue that each application is evaluated in a timely manner. However, it is important to understand that the immigration system remains overburdened by backlogs of various kinds of petitions including labor certification. Reviews of PERM applications may take between 220-300 days depending on the material within the case.
PERM Petitions for Employers
Employers completing petitions for the certification process must abide by strict rules including submitting only approved documents. Additionally, the employer must include the following documents in the application:
- Form 9089, Application for Permanent Employment Certification
- Supporting documentation if selected for audit or otherwise requested by the Certifying Officer
Another element of the PERM process is the compliance with prevailing wage requirements. Employers must file a Prevailing Wage Determination Request form with the Department of Labor to verify that they ae paying the foreign worker an acceptable wage.
Employers may comply with a qualifying wage survey which determines an optimal wage based on data and DOL criteria. The employer must attest that they will pay 100% of the prevailing wage at the time of permanent residence approval.
PERM Process for Foreign Workers
Potential employees must also abide by PERM regulations. In cases where the foreign worker is seeking a green card through the EB-2 or EB-3 pathways the PERM process may involve a more thorough verification process.
The DOL often audits PERM applications, but these audits may extend the verification period and cause issues for employers and workers. Currently, the DOL audits up to 37% of Labor Certification Audits per year.
An audit may occur if the application is filed without supporting documentation or if the employer fails to follow recruitment guidelines. During an audit, a DOL auditor may inquire about specific details in the application or recertify that the employer followed all the regulations regarding labor certification. Audits may occur up to five years after approval, but the PERM system helps to reduce the number of audits due to improper filing.
Your PERM Attorney
The Scott Law Firm, LLC has extensive experience handling a variety of immigration cases involving the PERM system, DOL, and more. Our firm believes in safeguarding our clients’ rights within the immigration system and we work tirelessly to advocate for their best interests.
When you need experienced legal counsel, contact The Scott Law Firm, LLC.
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