Trusted New York law firm explains the PERM process
The permanent labor certification program (PERM) is an important employment-based step toward gaining permanent residency, or a green card, in New York City or anywhere in the United States. With offices in New York City and across the country, Margaret W. Wong & Associates, LLC has decades of successful experience helping individuals, employers, and families reach their immigration goals.
As a vibrant cultural, financial, and intellectual center, the success of New York City is built on its immigrant population. According to the American Immigration Council, one in five New Yorkers is an immigrant. In 2015, well over four million immigrant women, men, and children called New York their home. Altogether, immigrants comprise more than 25 percent of the New York workforce.
If you are a New York City employer or a foreign national interested in labor certification and the PERM process, our law firm can answer your questions and guide your steps toward certification and a green card.
Understanding the labor certification and the PERM process in New York
The PERM program is the process by which a foreign national may be certified by the U.S. Department of Labor (DOL) to accept an offer of permanent employment by a U.S. employer. The time needed to complete the program varies, and could take up to approximately 18 months.
The basic process for a New York employer, or any employer in the United States, to sponsor a foreign national includes:
• Request wage information from the DOL: An employer must obtain prevailing wage information from the DOL on which to base wages for their potential employee. The “prevailing wage” is defined as the average wage paid to similarly skilled and situated workers already in the United States.
• Recruitment process and evaluation: By completing forms and undertaking a detailed recruitment cycle, an employer advances its request to hire a specific employee. This is a demanding and difficult step in the process because the DOL must certify that no similarly qualified candidates in the United States could do the job as described. After a thorough review, the employer application may be denied, certified, or audited. The audit process more carefully scrutinizes the recruiting methods of the employer.
• After labor certification: If an employer application is approved, the employer will move forward to seek immigration authorization from the U.S. Citizenship and Immigration Services (USCIS).
The labor certification process carefully evaluates the necessity of hiring foreign nationals. The qualifications of potential employees are reviewed against those who could take the job in the current American workforce. If strict recruiting requirements or the credentials of a potential foreign worker do not meet specified standards, the request for labor certification will be denied.
Other routes toward gaining authorization to work include proving a shortage of labor candidates in a particular field, applying for a waiver granted in the U.S. national interest, or seeking designation as a foreign national of exceptional ability. Our attorneys help employers understand the process and submit accurate, complete agency documentation successfully the first time.
Experienced lawyers in New York City help you move through the immigration process
Margaret W. Wong & Associates, LLC has assisted thousands of employers, clients, and families work successfully through highly complicated immigration cases. Our legal team fights hard to move our clients through the labor certification and PERM process. If you have questions about work visas or other immigration process, contact us or call (216) 566-9908 today.
MARGARET W. WONG & ASSOCIATES, LLC – NEW YORK CITY
139 Centre Street PH112,
New York, NY 10013