NYC Permanent Residence Green Cards (PERM) Lawyer

PERM labor certification / Permanent Residence Green Cards

Employing foreign workers for an American business involves a complex and intricate procedure that goes beyond simply finding a suitable candidate and assisting them with a work visa. The U.S. Department of Labor mandates that all businesses seeking to hire immigrants must first obtain a PERM (Program Electronic Review Management) labor certification before initiating the visa application process. The purpose of this program is to ensure that foreign workers do not displace opportunities for U.S. workers. Navigating this process requires expertise and careful attention to timelines. At Pollack, Pollack, Isaac & DeCicco, LLP, our New York immigration attorneys possess the necessary experience to expertly guide you through every step of this process.

If your business needs help obtaining a PERM labor certification, reach out to our lawyers at PPID today.

Understanding PERM Labor Certification: A Process Breakdown

While the PERM labor certification process can seem complex and difficult, a general overview of the process is simple to understand. The key to any PERM process is getting all of the information correct at the beginning of the case so that surprises and other potential red flags do not arise later in the process when it is often too late to correct mistakes. A New York City PERM Lawyer from Pollack, Pollack, Isaac & DeCicco can support you with the following PERM workflow:

• Identify the Beneficiary. Often, an employer who is keen to hire a foreign specialty worker may have already identified the individual before going through the PERM process with the Department of Labor. Unfortunately, even if the candidate is perfect for the job, they cannot be hired in a permanent position until the employer goes through the PERM process.
• Confirm Job Offer Specifics. An attorney can help you best describe the open job offer that your company is looking to fill and confirm your true minimum requirements, which must be in line with the requirements for equivalent jobs and in line with prior hiring practices.
• Request a Prevailing Wage Determination. The Department of Labor must confirm what the minimum salary to be paid to a beneficiary filling the offered role is. This minimum salary depends on several factors, including the duties to be performed in the role, the work location(s), and the minimum requirements for the position. This determination is obtained by filing a Prevailing Wage Request (PWR) with the DOL, where it analyzes the offered position and provides the minimum salary to be guaranteed to the beneficiary should they be hired in that role. This step is necessary to ensure your job advertisements are done properly.
• Recruit in the Job Region. Companies will need to recruit candidates for the open job position to show there are no U.S. workers who are ready, willing, and able to fill the role. It is critical to document all steps taken thoroughly throughout the recruitment process. The Department of Labor has certain advertising requirements that must be met, depending on the type of job and region of the position, which could include paper ads, radio ads, online recruitment portals, and more.
• File the ETA Form 9089 with the DoL. After you have carried out the job search for at least 60 days and have not successfully found any US national applicants who fit the job requirements, you will need to fill out and submit the ETA Form 9089. It’s important to review this form multiple times between the beneficiary and employer to ensure that all information is correct.
• Wait for a Decision. Processing times from the Department of Labor can take months and can be difficult to predict. During this time, the DoL may conduct an audit of your firm to verify all information provided in the application.

If the application is approved, your company can move forward with submitting Form I-140, Immigrant Petition for Alien Workers. After the petition is approved, the job candidate can move forward with the process of applying for an immigrant visa or adjustment of status, depending on whether they are currently located in the United States or not. If the application is denied, a knowledgeable PERM attorney from our New York City-based immigration law firm can help you appeal or refile the labor certification request.

FAQs

Q: How Difficult Is It to Get PERM Certification in New York?

A: It can be difficult to get PERM certification in New York. The PERM process is complex and can last months and even years. However, if it is carried out adequately and thoroughly with correct supporting documentation and information, your PERM request is likely to have a positive outcome. The key is to work with passionate and experienced NY immigration attorneys who know the PERM process and can adequately complete the details associated with each step of the process.

Q: Can I Stay in New York While Waiting for a PERM Approval?

A: If you have adequate documentation to be legally residing in the United States as a nonimmigrant, then you can stay in New York while awaiting a PERM approval from the DoL. After you have received an approval, you can proceed to the next step toward obtaining your green card. A knowledgeable immigration lawyer can provide you with support to switch from nonimmigrant to lawful permanent resident status.

Q: How Much Does a PERM Petition Cost?

A: There are no filing fees to file the ETA Form 9089 with the Department of Labor. However, an employer must pay for the advertising fees required for the labor certification, which can be quite expensive. The fees for any case, however, are case-specific, and can only be determined after an initial consultation with a knowledgeable immigration attorney.

Q: What Happens if a PERM Application Is Denied?

A: If a PERM application is denied, an experienced immigration attorney can support them in filing an appeal of the decision, or they can obtain the required documentation necessary to refile the application. Furthermore, they can explore other immigration options to quickly bring the foreign candidate on board with the company.

Q: What Is an ETA Form 9089?

A: An ETA Form 9089 is an application to get Permanent Labor Certification for a job position with the United States Department of Labor. In the application, the sponsoring company of a foreign beneficiary must provide all information about the job position and requirements, as well as the education and experience the foreign beneficiary has to prove they meet the minimum requirements for the job offered.

They are also required to provide documentation detailing steps that were taken to recruit in-country for the position before deciding to hire the foreign candidate.

Work With a New York City PERM Lawyer to Successfully Bring Global Talent to Your Firm

An experienced attorney from our firm can review all of your information up front and warn you ahead of time if you are likely to be flagged for an audit by the DoL. By correctly submitting all documentation and information the first time, an experienced attorney can help your business save months required to refile.

By working with the immigration team from Pollack, Pollack, Isaac & DeCicco, you can efficiently hire the top global talent you need to help your New York City organization grow and flourish. Contact us today to get started.