Florida PERM and EB-3 attorney
If you are a foreign worker seeking a green card and have obtained a job offer from a U.S. employer, and you are eligible for an EB-3 (or EB-2) you are ready to begin your Labor Certification Process. The labor certification, also known as “PERM”, is a multi-step process. Below we explain how the process works.
Step One: Prevailing Wage Determination (PWD)
To begin the PERM process, your attorney will submit a “prevailing wage request” to the U.S. Department of Labor (DOL).
The prevailing wage application provides the DOL with information about the job. This includes the job requirements, duties, and the worksite location. The DOL uses this information to issue the employer the wage for the specific job position in the specific worksite location where the job will be performed.
Immigration law requires employers to pay foreign workers at least the prevailing wage for the worker’s position. This is why the PWD is so important. Salary determinations can vary greatly based upon the geographic location of the job. Employers must provide the correct worksite location on the prevailing wage request to ensure the process runs smoothly. Any typographical error on the PWD application could result in a denial later.
Step Two: Recruitment
With the PWD complete, we are ready to begin recruitment. The whole point of the PERM process is to test the job market and demonstrate to the DOL that we were unable to find any qualified or interested U.S. workers for the job opportunity. The employer must conduct “good faith” recruitment.
For PERM, there are three mandatory advertisements, and we will prepare all these steps for you, to ensure your application is filed correctly the first time. We must place an advertisement with the state workforce agency in the state of intended employment.
We must also place two Sunday ads in a newspaper of general circulation in the area of intended employment.
Lastly, we must post a notice of the job opportunity at the worksite location in an area where current employees can access it.
It’s crucial to understand the timing process with the PERM. That’s because the advertisements expire 180 days from the start of the first ad. at the time of filing the PERM application if one of the ads is older than 180 days, that ad cannot be used for the PERM, and we will need to place another ad before filing the PERM. If this is not monitored carefully, the entire advertising along with the PWD will have to be redone, completely. Therefore, it’s imperative that you work with an attorney who has vast experience with the PERM process.
Step Three: Filing ETA Form 9089
After the recruitment process is complete, and the PWD has arrived, your employer will file the PERM application with the DOL using ETA Form 9089.
Just like with the prevailing wage request, your employer files this form electronically through the DOL. The ETA Form 9089 provides the DOL with all of the recruitment steps, dates, location, job requirements, etc. Most importantly, it provides information on the foreign worker being sponsored. The foreign worker must be qualified for the job at the time of filing form 9089.
After filing the ETA Form 9089, you will wait several months for the DOL to issue a decision on the PERM. Typically, it will be about 4-5 months (but processing times are always changing). The DOL can either, approve the PERM, deny the PERM, or audit the PERM. If your PERM is audited, the DOL will ask your employer to provide additional evidence for the application. After we respond to the audit request, the DOL will review the new evidence and either approve or deny the PERM.
After receiving the approved PERM, your employer can move on to the next big step of the process, which is filing an I-140 petition on your behalf with U.S. Citizenship and Immigration Services.
The PERM Team at Purdy Law
If you are starting a PERM-based green card process, our Florida PERM and EB-3 attorney at Purdy Law is prepared to address all issues that are specific to your needs and your employer’s specifications. By creating a plan that is unique to your occupation, we will ensure your case makes it through the DOL with ease and success. Give us a call today to schedule your consultation with our PERM attorney today!