Pandev Law’s business immigration lawyer received an approval of a PERM Labor Certification filed for a special education teacher. The certified PERM will allow the employer to file an I-140 petition on behalf of the beneficiary employee. Our immigration lawyer and the entire business immigration team at Pandev Law are so happy for our clients.
What is a PERM Labor Certification and How does it impact your immigration case?
In employment-based immigration, the most common avenue to obtaining an employment-based green card is through the PERM Labor Certification process. The PERM labor certification is the first of three steps towards an employment-based green card. Immigration laws require that the sponsoring employer file a PERM application for the beneficiary employee with the U.S. Department of Labor (DOL).
The PERM application must prove that there are no minimally qualified U.S. workers who are able and willing to take the job offered to the beneficiary. To establish the lack of qualified U.S. workers available for the position, the employer must conduct a series of job advertisements as required by the relevant employment-based immigration rules. If no qualified U.S. worker is identified for the position, the employer may proceed with filing the PERM and later the employment-based immigration petition.
It is critical that the job requirements for the offered position adhere to what is normally required for such a position by the employer and by the U.S. labor market. The job description may not be tailored to the beneficiary’s qualifications.
The employer must also obtain a prevailing wage determination and must pay this prevailing wage to the beneficiary upon approval of the beneficiary’s employment-based green card.
Once the PERM Labor Certification is approved, the employer may file an immigrant petition for the beneficiary on Form I-140. Upon approval of the I-140 the beneficiary may file for adjustment of status in the United States based on an approved employment-based immigrant petition (Form I-140) or file an employment-based immigrant visa application at a U.S. Embassy or Consulate.
To learn more about the employment-based immigration or employment-based green card process, you can visit our article explaining employment-based green card process.
Our Employment-Based Immigration Lawyer is Here to Help You
Would you like to file a PERM labor certification or an I-140 petition but would like the assistance of an employment-based immigration attorney? Our employment-based immigration attorney can guide you through the entire process and prepare both your PERM application and I-140 immigrant petition in accordance with employment-based immigration rules. As an experienced employment-based immigration law firm, Pandev Law has the knowledge and experience to guide you through your employment-based green card process.
During your consultation, our employment-based immigration lawyer will provide an honest assessment of your case, and a recommendation for your next steps.
Disclaimer: This blog article is provided by Pandev Law, LLC for general educational and informational purposes only. Although this article discusses general legal issues, it does not constitute legal advice nor does it establish an attorney-client relationship. No reader should act or refrain from acting on the basis of any information presented in this article, or elsewhere on this website, without seeking the advice of appropriate legal counsel, or other professional counsel, licensed in the relevant jurisdiction. Pandev Law, LLC expressly disclaims any and all liability with respect to any actions taken, or not taken, based on any content of this article or website. This blog article may constitute attorney advertising. Prior results do not guarantee a similar outcome.