A Tampa Immigration Attorney Review
of PERM Labor Certification
Permanent labor certification, or PERM Labor Certification,
is a US Department of Labor program that was launched
in December 2004. Through this program, an employer in
Tampa, FL or anywhere else in the USA can apply to sponsor
a foreign-born employee for lawful permanent residence
in the United States. What makes PERM different than the
previous “RIR” labor certification system
is that: (1) PERM can be electronically filed with the
Department of Labor, and (2) the Department of Labor has
set a timeframe of making PERM application decisions in
45-60 days. This means PERM Labor Certification is theoretically
much faster than the former system which could take months
or years to process an application.
The first step in PERM foreign labor certification is
for the employer to have a bona fide, full-time job opening
at the company. Once the prevailing wage for the position
has been determined by the prevailing State Workforce
Agency, there should be open recruitment for the position
and a documented effort to fill the position with a US
citizen. If there are no willing, able, and qualified
US workers available in the Tampa Bay area to take the
job at the prevailing wage – and hiring a foreign
worker will not negatively affect working conditions and
wages of US workers in the area – then the employer
may qualify to receive an Application for Permanent Employment
Certification, or ETA Form 9089.
Filling out the ETA Form 9089 is still just the tip of
the iceberg in trying to secure a green
card for a foreign worker. Even if an employer is
able to fill out this form correctly, there are still
several forms and US agencies to go through before reaching
the goal of lawful permanent residence for a skilled foreign
worker. One mistake can result in a long delay or even
rejection at any point in the process.
Please contact a Tampa immigration
attorney from Maney | Gordon, P.A. to speak to someone
with vast experience in labor certification, work
visas, green cards, and all other aspects of US immigration
law. We will be happy to meet with you for a free initial
consultation about your situation.
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