
The U.S. immigration system can be a labyrinth to navigate for employers and professionals looking at the EB2 visa. However, with the right help from an experienced attorney potential applicants might believe it is not going into circles after all. This visa category is for those whose talent is in a particular field or with advanced degrees.
Why choose an EB2 visa and concurrent PERM labor certification? Both employers and would-be visa applicants need to understand this process. We will look at the importance of PERM labor certification, its process, and its steps in this blog post.
What is the PERM Labor Certification?
The first and most important step in getting the EB2 visa is to obtain a PERM (Program Electronic Review Management) labor certification. This is a certification issued by the U.S. Department of Labor (DOL) that ensures hiring of an immigrant will not negatively affect job opportunities, wages, or working conditions for US workers.
Before they can offer the job to a foreign worker. Employers must show that they actively tried to recruit qualified U.S. workers for the position. This transmission includes obtaining a prevailing wage determination to make sure you pay fair compensation for this position and going through several recruitment campaigns to try the U.S. Labor market. The test is to show no U.S. workers are qualified and that a position was posted for recruitment.
Understanding the PERM labor certification process allows employers to ensure full regulatory compliance. To expedite the period from filing for an EB2 Visa and hiring their prospective employees.
Steps in the PERM Labor Certification Process
Several Key Steps are needed through the PERM Labor Certification Process. Here’s an overview:
The employer first applies the most detailed job descriptions asking for a high level of qualifications. Including an advanced degree or extraordinary ability (EB2 class of visa). You need to provide clear and concise descriptions for the recipient to comply with your opt-out notice.
The employer then asks for what is known as the prevailing wage determination from The Department of Labor. To verify that his pay meets local standards. It was one step to ensure that hiring the foreign worker did not drive down local wages.
After that, the employer goes through a strict recruitment process to identify whether there exists an option in the U.S. labor market or not. Such a process includes: filing a job order with the State Workforce Agency for 30 days, advertising in two Sunday newspaper editions, and doing at least three additional recruitment efforts. This is so that it cannot be proven there are no US workers qualified to do the job.
The employer files the PERM application with DOL containing a thorough description of their job recruitment data once recruitment has concluded. The DOL then checks the application to see that all criteria have been met. The DOL might ask for more information or conduct an audit when required.
If that is successful, the DOL will grant a PERM certification. The company can then initiate the process by filing a Form I-140 with USCIS, which will help a foreign worker get closer to being granted their EB2 visa.
The Law Office of Olena Manilich is knowledgeable about all aspects of the process. Contact us today and we can help you reach your immigration aspirations today.
Conclusion
Getting an EB2 visa can be quite a big deal. The PERM labor certification is just one of these crucial steps. Ensuring all the i’s are dotted and t’s crossed from drafting an elaborate job description. A prevailing wage determination to run your recruitment campaign and file each application meticulously.
Getting through this process correctly means both the employer and the foreign worker maintain their eligibility for what happens next in applying for an EB2 visa. The Law Office of Olena Manilich is dedicated to assisting employers and foreign workers to navigate the complexities involving PERM labor certification.
With our knowledge and tailored services, we will assist you in making your immigration dreams a reality with maximum efficiency. If you have any questions, feel free to schedule a consultation and we would be more than happy to help coach you through this important step.