Orange County Labor Certification Lawyers
The INA requires an employer who wishes to file an immigrant petition on behalf of a foreign national employee must file a labor certificate. Traditionally, this process is done through filing certain documents and an application with the U.S. Department of Labor. The process is cumbersome and time-consuming. Because there was such a backlog of applications, especially immediately after the LIFE Act came into effect, it took years for the DOL to decide on an application. The DOL amended its regulations governing the filing and processing of labor certification applications through an electronic process called PERM. The goal under PERM is to streamline and expedite the processing of labor certifications. Under PERM, the completion of the labor certification is now expected to take 60 days or less.
The experienced immigration attorneys at Garg and Associates, PC have successfully file PERM application for numerous clients. Our success lies in our ability to study these new regulations and be proactive about the steps involved in this new process. Based on our experience, we have already identified problems and will continue to do so in order to provide better services for our clients. Common problems include those related to the prevailing wage, experience gained on the job, education level required, and special requirements as to the proposed position.
Procedures in Filing a Perm Labor Certificate
The first step in this process involves identifying and evaluating the sufficiency of your sponsoring companys recent recruitment efforts including published advertisements, Internet ads, college recruitment, job fair participation, and employee referral bonuses, just to name a few. Should sufficient recruitment efforts exist; the case will be filed under the new PERM regulations with a significantly faster processing time.
The employer will need to undertake various forms of recruitment efforts during the six months prior to filing for labor certification. For a professional position, there are four mandatory requirements. The companys recruitment efforts must include:
- Obtaining a prevailing wage determination from the State Workforce Commission;
- Two Sunday advertisements placed in a major local newspaper (Caveat the ads must come out on a Sunday paper and not a weekly magazine);
- Posting notice of the job opportunity on the company premises for 10 consecutive business days;
- Placing a job order with the State Workforce Commission for 30 days; and in addition, the sponsoring company must undertake at least three of the following:
- Participating in job fairs;
- Posting the position on the employers website(s);
- Use of a professional job-search site;
- Campus recruiting efforts;
- Recruitment through trade or professional organizations;
- Use of private employment/search firms;
- Use of an employee referral program with incentives;
- On campus job posting with the career center;
- Advertisement in local and ethnic newspapers; or Radio and Television advertisements.
The sponsoring employer should be able to demonstrate that qualified U.S. applicants are in short supply. The employer must demonstrate shortage on a case-by-case basis. Based upon the recruitment efforts of the sponsoring company, our experienced immigration attorneys at Garg and Associates, PC will draft a cover letter in collaboration with the employers Human Resources department and will specify:
- The number of job openings
- The number of résumés received;
- The number of candidates interviewed;
- The number of openings remaining;
- Brief grounds for rejection of unqualified applicants; and
- Retention of résumés.
Once all of these steps are accomplished, our attorneys will file the labor certification applications electronically. The expected processing time for PERM is 45 to 60 days. Please note that the application may be subject to an audit, which can increase the expected processing time. Additionally, the labor certification does not bind the employer legally. Depending on the employment contract and state laws, the employer remains free to dismiss the foreign national applicant or to take other personnel actions as the employer would with regard to any other employee. Also, it is in the employers discretion to withdraw the labor certification application at any time. On the other hand, the application does not bind the applicant to the employer unless contractually agreed.
If you or someone you know is need of immigration law services, please do not hesitate to call Garg & Associates at 281-362-2865 for a consultation today or use our Contact Form.
- Business Immigration Matters
- Travel/Visitor Visas B1 and B-2
- Investors/Treaty Visas E1, E2 and E-3
- Immigrant Worker Petitions, EB-5
- Student Visas F-1 and M-1
- Temporary/Specialty Worker Visas H1-B
- Cultural Exchange Visas J-1
- Fiance /Marriage Visas K-1 and K-3
- Intra-company Transfer Visas L-1 A & B
- Extraordinary Ability Visas O-1
- Religious Worker Visas R-1
- Labor Certification
- Naturalization/US Citizenship
- Renewal/Replacement of Documents
- Deferred Action/Dreamers
- Removal/Deportation, TPS, Asylum
- Consular Processing (outside USA)
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