PERM Labor Certification Help from a San Jose Immigration Lawyer

Helping You and Your Foreign Talent

Attorney Timothy Widman strives to achieve the best for his clients and understands that employers want to do the same for their customers. Great service starts with a strong team, but hiring all the positions necessary to assemble the best team can be a difficult process. Sometimes, foreign talent is best suited to fill the role.

Don't pass on another candidate for fear that sorting through the immigration papers would be too difficult. As soon as you find the right fit for your company, contact The Law Offices of Timothy D. Widman. Attorney Widman has worked with businesses of varying sizes throughout the years to help bring foreign professionals onto their team. He will help you acquire a labor certificate and walk you through all the necessary steps to integrate your newest team member into your U.S. office.

What Does a Labor Certificate Do?

Labor certificates allow employers to hire foreign talent to work and live in the United States. Employers are required to file this form to declare and prove that the job the foreign worker is filling could not be done by an American under the decided wage and expectations because none were willing, qualified, or available.

This proof comes in many forms that include online jobs ads, newspaper job boards, and more. Employers are told to keep all records of the effort to find an employee and all records of the foreign employee for at least five years after certification. This is due to the possibility of an audit, in which case the employer must show the exhaustive lengths they went through to find a suitable candidate and the duties the new employee has been performing since being granted a visa.

How Long Does it Take to Process?

PERM stands for "Program Electronic Review Management," and it is the process through which employers apply for a labor certification with the U.S. Department of Labor (DOL). The DOL initially announced that electronically-filed labor certification applications could expect a 45 to 60 day processing time before they are adjudicated. However, some applications may take up to 90 days be approved. Once the certification is granted, it is valid for 180 days, during which it must be submitted to U.S. Citizenship and Immigration Services (USCIS). When the labor certificate has been submitted to the USCIS, the foreign employee may proceed with their EB-2 or EB-3 visa application.

If you have any questions please contact us today at (408) 780-1684, and we can begin reviewing your case.