What Is PERM Labor Certification?
Many immigrants must obtain PERM labor certification to live/work in the United States. But, some immigrants can bypass PERM labor certification, if they qualify for certain visa arrangements.
Going over what, exactly, PERM labor certification is, and speaking with a lawyer, will allow an immigrant to live/work in the United States.
What Is PERM Labor Certification?
The term “PERM labor certification” refers to the following: a process that allows employers to hire permanent workers to work for them, if certain conditions are met.
Just as an example, if a business that produces eyeglasses would like to hire a foreign worker from Mexico, then they will often need to go through the PERM labor certification process.
To go through the PERM labor certification process, an employer must:
- The prevailing wage for the position that is set to be filled must be determined by the Department of Labor.
- The labor market must be tested, in order to see if any U.S. workers can, and will, do the job.
- The employer can file for a PERM labor certificate and, in doing so, hire a foreign worker for their role.
Returning to our example, if a business that produces eyeglasses posts a job with the prevailing wage, and all of their requirements, but fails to get the right U.S. candidates for this role, then they can move forward with PERM.
On the other hand, if they receive applications from U.S. candidates who satisfy the minimum qualifications of the position, and are willing to work at that location, then they cannot move forward with PERM.
The precariousness of the PERM labor certification process can make it difficult for those who wish to live, and work, in the United States to obtain the work that allows them to do so.
Does Every Immigrant Need A PERM Labor Certification?
To answer the question outlined above, “No, not every immigrant needs a PERM labor certification.”
If an immigrant would like to live, and work, in the United States, then they can work to obtain a visa that bypasses PERM labor certification.
Out of all the visas that bypass PERM labor certification, the most famous is, arguably, the EB-2 visa. An immigrant who wishes to obtain an EB-2 visa must:
- Possess an extraordinary ability that can be proven, while also having a proposal centered on what it is they wish to do with their extraordinary ability.
- Possess an advanced degree in their field, as well as a number of other requirements that may apply to the proposal they intend to further.
To obtain an EB-2 that bypasses PERM labor certification, an immigrant must obtain a National Interest Waiver – or “NIw,” for short – to go along with it.
No matter what an immigrant’s qualifications are, bypassing PERM labor certification is far from easy. But, the process can be much, much easier, if an immigrant works with a lawyer who knows how to navigate the process.
Speak With A Houston EB-2 Visa Attorney
If you want to live/work in the United States, while bypassing PERM labor certification, you need assistance. Speak with a Houston EB-2 visa lawyer at BBA Immigration today and we will help you obtain the visa you need.
Sources:
dol.gov/agencies/eta/foreign-labor/programs/permanent
uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2
