Types Of PERM Certifications

The Department of Labor gives preference to non-citizen workers who meet specific qualifications for exceptional talent or skill in their fields. The four preferences for permanent worker visas include:

First Preference EB-1: Reserved for workers with extraordinary talent in athletics, arts, business, education, or sciences. It does not require labor certification

Second Preference EB-2: Reserved for workers with advanced degrees in athletics, arts, business, education, or sciences

Third Preference EB-3: Reserved for professional and skilled workers

Fourth Preference EB-4: Reserved for exceptional cases, such as retired employees of international organizations, religious workers, and other special classes of non-citizens

Navigating these preferences and knowing which category you fall into can be challenging. However, our immigration lawyer team is available to help you through any immigration status proceedings necessary to help you obtain permanent residence in the U.S.

PERM Labor Certification Process

The process to obtain PERM labor certification includes two preliminary steps: the labor market test and prevailing wage determination.

First, employers of non-citizen workers looking to obtain this certification must show that there are not enough available qualified workers already in the U.S. who could complete the job to the same standards.

To demonstrate a lack of U.S.-based qualified workers, employers must go through a labor market test by advertising the position for at least thirty days and attempting to recruit U.S. workers. Employers must complete this market test before the worker begins the PERM certification process.

The employer must also show that hiring a foreign worker would not affect any working conditions or the pay of existing U.S. workers. To do so, the employer must receive a prevailing wage determination from the State Workforce Agency.

After following these two steps, the employer and worker can proceed with the PERM application. Once the DOL receives the application, it will spend time verifying the worker’s specialized skill and reviewing evidence from the employer before approving the application.

After the DOL approves a PERM application, the employer must file an immigration petition before the stated deadline. The applicant must also register for permanent residence using Form I-485 from the United States Citizenship and Immigration Services.

Lozano Law Firm - Abogados de Inmigración

5718 University Heights Blvd #104,

San Antonio, TX 78249

(210) 899-2290

https://www.AbogadoLozano.com/