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PERM (Labor Certification)

Chicago Visa-Immigration Lawyer

PERM (labor certification) process

The labor certification is often a necessary step in the process in which foreign professionals and skilled workers may obtain permanent residency in the United States. This process requires the employing company to prove that it advertised for the position but could not find a U.S. worker who met the requirements for the position.

Over the past 30 years Attorney Scott M. Beller has helped hundreds of employers and employees through the PERM labor certification process. As your immigration lawyer, he can assist you at all stages of the labor certification process, from formulating advertising, to preparing the PERM application, to obtaining the green card. From his law office located in Chicago, he handles matters for employers and individuals throughout Illinois and the nation.

What Are the Requirements for PERM (Labor Certification)?

The basic requirements for PERM labor certification are as follows:

  • the position must be for a full-time employee.
  • the position must be permanent.
  • the employer must pay the prevailing wage or higher for the position.
  • The minimum educational and experience requirements advertised for the position must be reasonable.

What Are the Advertising Guidelines for PERM Certification?

When drafting an ad for a U.S. worker to fill the position, the employer must focus on what skills separate the foreign national from other people. Drafting ads as a part of the PERM process is an art. An ad with too many requirements could be challenged as being tailored to fit only one employee; an ad with too few requirements could invite a flood of applications. I can work with the employee and employer to optimize chances for a successful PERM application.

Alternatives to PERM labor certification: There are alternatives to PERM labor certification, including the aliens of extraordinary ability (EB-1A) and multinational executives or managers (EB-1C).

As your immigration lawyer, Scott Beller can help you determine if your employee meets the qualifications for immigration under one of the pre-certified categories.