Tuesday, July 23, 2019

Immigrating to the US for Work - PERM Labor Certification

Man holding his passport Image: pexels.com
Man holding his passport
Image: pexels.com
As a partner with Fragomen, Del Rey, Bernsen & Loewy, LLP, Rodney Malpert provides legal guidance concerning business immigration matters to clients on the West Coast. Rodney Malpert helps clients work through complex immigration processes such as program electronic review management (PERM) labor certification. 

If employers wish to hire people from outside the United States for a permanent position, they must first secure green cards for those employees from the government. Today, the green card application process with the Department of Labor (DOL) is electronic through the PERM system. 

Once an application is submitted, a decision usually follows within 60 days. The application undergoes review by a DOL certifying officer, who can approve the application, reject it, or initiate an audit. 

PERM application determinations by the DOL depend on a variety of findings. For example, DOL professionals take into account whether or not there are already enough workers in the U.S. who are qualified and willing to fill the position, and whether or not approving employment of a foreign laborer will result in negative impacts for American employees in the same industry.