Houston PERM Labor Certification Lawyer
PERM labor certification is a pathway for employers to fill long-term positions with qualified foreign workers who are available to meet the employer’s needs. Employees, in turn, can receive a Green Card and lawful permanent residence to live and work in the U.S. permanently. If you are a Texas employer having difficulty finding workers ready and able to fill your positions, call the immigration attorneys at BBA Immigration to discuss your options and find a solution that works for you. Contact our experienced Houston PERM labor certification lawyers today.
What Is PERM?
PERM stands for Program Electronic Review Management. It is a certification process that authorizes a U.S. employer to hire a foreign worker on a permanent basis. After obtaining labor certification, the employer can then sponsor an employee for an EB-2 or EB-3 visa through Form I-140 Immigration Petition for Alien Worker. The EB-2 and EB-3 immigrant visas confer lawful permanent residence (“green card”) on the visa holder, enabling employers to hire the worker on a long-term or permanent basis without fear of losing them due to their immigration status.
How Do Employers Get PERM Labor Certification?
The PERM labor certification process beings by applying for certification through the Department of Labor’s Employment and Training Administration (DOL ETA). A PERM application must persuasively demonstrate several facts to DOL ETA, including:
- The employer has tested the U.S. labor market but could not find enough qualified workers in the U.S. who were available and willing to perform the job at the prevailing wage.
- The employer undertook recruitment efforts for at least 30 days, up to 180 days, but could not fill the position after advertising and reviewing any résumés submitted for the job.
- Hiring a foreign worker will not harm the wages or working conditions of U.S. employees working in similar jobs.
- The employer has obtained a prevailing wage determination from the State Workforce Agency (in Texas this is the Texas Workforce Commission (TWC)) and agrees to offer at least the prevailing wage rate determined by the TWC.
Once PERM labor certification is granted, the employer must still petition the United States Citizenship and Immigration Services (USCIS) to classify the employee as eligible for an immigrant visa. BBA Immigration can help you prepare your PERM labor certification application with sufficient detail and documentation to persuade DOL ETA of your application’s merit. Our dedicated immigration attorneys will further assist you in preparing the Form I-140 Immigrant Petition for Alien Worker with all the relevant information included to help ensure USCIS will approve your petition. Failure to secure either PERM labor certification or the immigrant petition could sink your ability to hire the workers you want. Don’t take chances; call BBA Immigration for expert assistance.
When Is PERM Labor Certification Required?
Not all jobs or immigration petitions require PERM labor certification before a visa will be granted. In most instances, PERM labor certification is required to get approval for an EB-2 or EB-3 visa:
- EB-2 is the second preference, employment-based immigration visa for professionals with advanced degrees or persons with exceptional ability
- EB-3 is the third preference, employment-based immigration visa for skilled workers whose jobs require a minimum of two years of training or experience, professionals whose job requires at least a bachelor’s degree or foreign equivalent, and unskilled laborers performing work that is not temporary or seasonal.
Individuals of extraordinary ability, outstanding professors and researchers, and certain multinational managers or executives can apply for an EB-1 visa without PERM labor certification. Likewise, immigrant investors seeking entry through an EB-5 visa do not have to obtain labor certification before applying. PERM is not required for religious workers on an EB-4 visa.
It is also important to know that EB-2 applicants do not need PERM certification, if they obtain a National Interest Waiver. BBA Immigration is highly skilled and experienced in obtaining National Interest Waivers for EB-2 applicants and can assist you in this process if applicable.
Contact BBA Immigration Today
If you are an employer seeking foreign workers to fill vital positions in your Texas workforce, including in the energy sector, tech sector, or other critical industries and occupations, BBA Immigration can help. Call our experienced Houston PERM labor certification lawyers today.
