Employment Based Immigrant Petition

EB-2 and EB-3 PERM

PERM stands for Program Electronic Review Management. It was published on December 27, 2004 by the U.S. Department of Labor (DOL) to streamline the labor certification application. The new procedure took effect on March 28, 2005.

In most instances, a foreign national seeking to obtain U.S. permanent residence through employment in the second and third preference must be the beneficiary of an approved application for alien employment certification. This application requires the prospective employer to test the labor market by conducting a pattern of recruitment to determine whether there are any qualified and available U.S. workers who are able and available to accept the offered position at the prevailing wage for the geographic area.

Requirements:

• The employer must hire the foreign worker as a full-time employee;
• There must be a bona fide job opening available to U.S. workers;
• Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the worker's qualifications. In addition, the employer shall document that the job opportunity has been and is being described without unduly restrictive job requirements, unless adequately documented as arising from business necessity.
• The employer must pay at least the prevailing wage for the occupation in the area of intended employment.

PERM Labor Certification is an extremely complicated procedure. We recommend that you consult with us for evaluation. Contact us at info@fyzlaw.com

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