Visa Types

Streamline Your PERM Process with Expert Guidance

Navigating the PERM (Program Electronic Review Management) process is a critical yet challenging step in obtaining an employment-based Green Card. Employers must comply with rigorous Department of Labor (DOL) requirements to prove that hiring a foreign worker will not harm U.S. workers. For many employers and foreign workers, this process can seem overwhelming due to its complexity and strict guidelines. At Larhdel Law, we specialize in helping clients overcome these challenges, ensuring smooth and compliant PERM applications. Contact us at 310 943 6352 to simplify your labor certification journey.

Common Challenges in the PERM Process

The PERM process is often fraught with challenges, including:

1. Complicated Recruitment Requirements: Employers must conduct extensive recruitment to prove there are no qualified U.S. workers for the position, documenting every effort.
2. Lengthy Processing Times: From obtaining a prevailing wage determination to DOL certification, the timeline can be lengthy and unpredictable.
3. Risk of Audits: PERM applications may trigger audits due to errors, restrictive job requirements, or inconsistencies in recruitment documentation.
4. Compliance with Prevailing Wage Rules: Failure to meet the required wage standards can result in application denial, delaying the entire Green Card process.

How Larhdel Law Can Solve Your PERM Challenges

Our firm is dedicated to making the PERM process straightforward and efficient for employers and foreign workers. Here’s how we help:

1. Ensuring Recruitment Compliance

   We assist employers in meeting recruitment requirements by:

   • Crafting compliant job advertisements.
   • Documenting all recruitment efforts thoroughly.
   • Avoiding mistakes that could lead to denials or audits.
2. Managing Prevailing Wage Determinations

   We handle the complex task of obtaining a prevailing wage determination from the DOL, ensuring the salary aligns with local labor market standards.

3. Preparing for DOL Audits

   Our team helps clients respond to audits by:

   • Providing clear, detailed documentation.
   • Addressing concerns about job requirements or recruitment efforts.
   • Minimizing delays and ensuring compliance.
4. Filing a Flawless PERM Application

   We ensure every aspect of your application is accurate and complete, reducing the risk of errors that could delay or jeopardize certification.

Step-by-Step Guide to the PERM Process

1. Define the Job Role: Employers must clearly outline the job’s duties, location, and required qualifications to ensure compliance with DOL standards.
2. Obtain a Prevailing Wage Determination: The DOL sets a minimum salary threshold for the position based on the job location and role. Employers must meet or exceed this wage in their job offer.
3. Conduct Recruitment Activities:

   The employer advertises the position to U.S. workers through:

   • Newspaper ads.
   • Job postings on state workforce agency websites.
   • Additional methods, such as online job boards or recruitment fairs.
4. Evaluate U.S. Worker Applications: Employers must assess all applications from U.S. workers and demonstrate that no qualified candidates are available for the position.
5. File Form ETA-9089: The employer submits the labor certification application (Form ETA-9089) to the DOL electronically, detailing the recruitment process and job offer.
6. Receive DOL Certification: If the application is approved, the employer receives a labor certification, which is valid for 180 days.
7. File an Immigrant Petition: With the labor certification in hand, the employer files Form I-140 (Immigrant Petition for Alien Worker) to continue the Green Card process.

Who Benefits from PERM?

PERM labor certification is required for:

• EB-2 Visa Applicants: Professionals with advanced degrees or exceptional abilities.
• EB-3 Visa Applicants: Skilled workers and professionals with bachelor’s degrees or higher.

It is not required for certain categories, including:

• EB-1 Visa Applicants: Individuals with extraordinary abilities.
• EB-2 Applicants: Seeking a National Interest Waiver (NIW).

Common Mistakes to Avoid in the PERM Process

1. Poorly Documented Recruitment Efforts: Employers must maintain detailed records, including copies of advertisements and applicant evaluations.
2. Non-Compliant Job Requirements: Avoid overly restrictive job criteria that may disqualify U.S. workers without valid justification.
3. Ignoring Prevailing Wage Guidelines: The offered wage must meet or exceed the prevailing wage determination to satisfy DOL requirements.

Real-Life Success Stories from Larhdel Law

• Case 1: Navigating Recruitment Compliance

  An employer struggled to document their recruitment efforts correctly. We guided them through the process, ensuring compliance and securing certification without delays.

• Case 2: Resolving Prevailing Wage Issues

  A client faced challenges with a wage determination higher than anticipated. Our team provided detailed job descriptions and local labor data, helping secure a more favorable determination.

• Case 3: Preparing for an Audit

  A PERM application was audited due to restrictive job requirements. We addressed the DOL’s concerns with additional evidence, resulting in a successful certification.

Why Choose Larhdel Law for Your PERM Needs?

At Larhdel Law, we are committed to helping employers and foreign workers achieve their immigration goals. Our services include:

• Tailored Strategies: Custom solutions for your specific industry and role.
• Comprehensive Support: From recruitment compliance to DOL audits, we manage every detail.
• Proven Success: A track record of securing labor certifications efficiently and effectively.

Call to Action

Don’t let the complexities of the PERM process stand in the way of your Green Card goals. Contact an experienced immigration attorney today at 310 943 6352 for personalized guidance. Let Larhdel Law help you navigate every step of the process with confidence and success.