PERM Labor Certification
Often the first step in obtaining permanent resident status (a green card) involves going through the Program Electronic Management (PERM) process for labor certification. PERM is a relatively new system designed by the government to dramatically improve processing time for labor certification, reducing it from years to a few months. However, it is also an extremely difficult and complex process that was intentionally created to “cross check” all responses to discover any small inconsistency. A simple error or omission in a nineteen-page PERM form, or poor documentation, may result in denial of the application and substantial delays in progress toward a green card.
For a company or research institution that relies on the talents and contributions of foreign nationals to accomplish its organizational goals, failure in the PERM labor certification process is really not an option, yet the possibility of failure is high. The employer must prove that, at a prevailing wage determined by the Department of Labor (DOL), no minimally qualified U.S. citizen or lawful permanent resident is willing and able to perform the work. When filling out the PERM form it is essential that questions be answered appropriately for the purpose of the application. It is designed to detect inconsistencies and automatically reject an application on that basis alone. The DOL certifying officer may approve, deny, or require an audit after reviewing the application. An audit may result in an order for further recruitment efforts on the part of the employer. The consequences of an unsuccessful audit include denial/revocation of a prior approval and could result in the company being required to meet a higher standard for all future petitions adding substantially to future costs.
Everyone wants to move as quickly through the process as is possible, but this desire to move forward often causes those who are not thoroughly familiar with the process to make costly mistakes. Successful applications require a substantial amount of care, preparation and attention to even the smallest details right at the very beginning of the process. Too often, applicants learn that their failure to account for all of the requirements causes them to lose all that they have invested in the process and requires them to begin all over again.
Watson Law Offices has over 35 years of experience in processing Labor Certifications. We are thoroughly familiar with the process and all of the “technical” requirements, so that we can guide you successfully and quickly to an approval. Watson Law Offices has a track record of winning essential approvals for hundreds of clients and has successfully defended applications through audits and appeals with the Department of Labor.
At our Bedford, Massachusetts, immigration firm, Watson Law Offices, attorney Roy Jack Watson, Jr. provides businesses, research institutions, and other employers with legal counsel that is analytical, comprehensive, and allows them to successfully navigate the PERM and green card application processes. If you are an employer, in-house counsel, or prospective immigrant employee, we invite you to contact our office and arrange an interview with Mr. Watson.