Simply put, a foreign worker is not the only party required to obtain authorization to work in the United States. That is, if you are a U.S.-based employer looking to onboard this individual to your team, you must go through the U.S. Department of Labor and obtain a PERM labor certification. Overall, you must prepare for a process that involves strict recruitment rules, detailed documentation, compliance with federal labor regulations, and many other hurdles. However, if you still believe this is a worthwhile investment, please read on to learn more about PERM labor certification and how a seasoned work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can inform you on its necessity.
What is PERM labor certification, and when is it required?
First of all, PERM labor certification exists to protect the United States labor market. With this, a U.S.-based employer must prove that they first offered a job opening exclusively to U.S. workers and conducted a genuine recruitment process. But ultimately, they could not find a willing and qualified U.S. worker to fill the position. In turn, their argument must be that hiring a foreign worker does not take away a job opportunity for an eligible U.S. worker, or subsequently lower the wages for existing U.S. workers.
With all that being said, obtaining a PERM labor certification is required when a U.S. employer wishes to sponsor a foreign worker for permanent residence in the country. Namely, this is typically required for EB-2 visas, for advanced degree professionals, and EB-3 visas, for skilled workers and professionals. So, if you are in this position, you must understand the exact visa category a prospective foreign worker is seeking so that you may prepare an immigration strategy accordingly.
What is the process of obtaining PERM labor certification?
You must not prematurely promise a prospective foreign worker a job at your organization before undergoing the process of obtaining a PERM labor certification on their behalf. For this, you may anticipate the following step-by-step sequence:
- Request a prevailing wage determination from the DOL to ensure that hiring a foreign worker will not undercut local wage standards for U.S. workers in comparable positions.
- Conduct a mandatory recruitment of U.S. workers, including posting a job ad online, placing a newspaper advertisement, attending a job fair, etc.
- File Form ETA-9089 with the DOL and provide detailed information about the job position, your recruitment efforts, the prospective foreign worker’s qualifications, etc.
- Wait for the DOL to approve your petition and then file Form I-140 with the United States Citizenship and Immigration Services (USCIS) for the prospective foreign worker.
For further legal guidance, please look no further than a competent work authorization permit lawyer in Milwaukee, WI. When you work with Sesini Law Group, S.C., you can trust that you are in good hands. Schedule a consultation with us today.