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PERM Labor Certification & the Role of Your Orlando Immigration Attorney

In December 2004, the US Department of Labor launched a new program aimed at bringing more efficiency to the process of hiring non-US citizens. The new program was called Permanent Labor Certification, or PERM Labor Certification, and this program has been designed to be a faster and easier alternative to the old “RIR” labor certification system, which often took months or years to process applications. Through PERM Labor Certification, an employer in Orlando, Florida or anywhere else in the country can: (1) file their labor certification application electronically, and (2) have the benefit of receiving a decision on their application within 45-60 days (according to Department of Labor timeframes).

If you are an employer in the greater Orlando, FL area and you are interested in hiring non-US citizens for your job openings, PERM foreign labor certification would likely require you to go through a series of steps, such as:

  1. Have one or more full-time, bona-fide job openings at your company.
  2. Determine the prevailing wage for each position through the State Workforce Agency.
  3. Conduct open recruitment and document your efforts to fill the position with current US citizens and lawful permanent residents.

After these PERM Labor Certification steps, you may discover that there are no able, qualified, and willing US workers in the Orlando, FL area who will agree to work for your business at the prevailing wage. If this is the case, and if hiring a non-US citizen will not hurt wages or working conditions for other US workers in the Orlando, FL area, then you may qualify to receive an Application for Permanent Employment Certification, or ETA Form 9089.

If you are not familiar with the labor certification process, you may be surprised to learn that the above requirements are just the beginning steps of what it takes to get a green card for a foreign worker at your business. After PERM Labor Certification, in most cases there are multiple forms and US agencies to deal with before a worker can be approved as a lawful permanent resident of the US through an employment opportunity.

Due to the many complications of US immigration law, we recommend that you contact an Orlando immigration attorney from Maney | Gordon, P.A. for more information about labor certification, green cards, work visas, and any other questions you may have. We offer a free initial consultation to all new clients and we will be glad to discuss your case with you.