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The first step in receiving permanent residency, (a green card) for many foreign nationals seeking permanent residence based on a job (specifically, those in the categories of EB2, EB3, skilled workers and Other workers) is to obtain a labor clearance from the Department of Labor (DOL) called a “labor certification.”A permanent labor certification enables an employer to hire a foreign national and work in the U.S. permanently, but in order for a PERM application to be approved by the DOL, you must prove that no qualified U.S. employees are otherwise available or qualified for the job.
Employers submit the request for a “labor certification,” to the DOL through their Program Electronic Management Review System (PERM). The PERM phase of the process is highly regulated by the Department of Labor and the petitioning employer must certify in Form 9089 that it has complied with all applicable regulations. Hykel Law understands these complex PERM legalities and can serve as a PERM Lawyer to help you navigate through the system legally and ethically. Most importantly, Hykel Law will guide you through all phases of the PERM process, including requesting a prevailing wage determination from the DOL, conducting recruitment advertising, interviewing candidates and preparing a recruitment report. After the DOL issues the labor certification, it is filed with USCIS together with an I-140 visa petition in the second phase of the green card process.
Hykel Law assists both employers and prospective employees in PERM labor certifications. Our PA PERM attorney can guide the company leaders, HR Departments, and the prospective employees through the documentary and procedural requirements for the PERM process. Our PERM Lawyer is experienced and knowledgeable on all aspects of the PERM labor process and can prepare meticulous details accordingly. We offer representation in challenges, audits and denials and we have successfully litigated appeals with the Board of Alien Labor Certification (BALCA).
We look forward to helping you with your immigration case. We have the experience, knowledge and staff to handle your matter swiftly. Reach out today to discuss your needs for representation.