The DOL has made it easier for employers to hire workers with certain types of backgrounds. The PERM process is a means of testing the labor market and ensuring that employers do not dissuade U.S. workers from applying. If your family is related, you will likely have trouble with the PERM process. The good news is that there are many exceptions to this rule.
Is PERM Labor Certification difficult?
If you’re applying for a PERM labor certification because you’re related to someone who is already employed, you’ll probably have to disclose this relationship to the DOL. In general, it’ll mean that your PERM application will have some challenges, but you can overcome them by carefully considering all the factors. In any case, the job you’re applying for requires that the petitioning employer have a shortage of qualified workers in the area.
The PERM labor certification process is complex and a skilled immigration attorney with substantive legal knowledge is essential to ensure success. The lawyer should have extensive experience in the field of labor certification, particularly with regard to recruitment activities, which are subject to the law. The employer must make a convincing case that there is a shortage of skilled workers in the region. The process can take up to six months.
PERM must be completed by an employer before a foreign national can be hired in the United States. Before an employer can file a green card petition, they must first test the US labor market by hiring a foreign worker and proving they can pay the foreign national a fair wage. As long as the job and the foreign national are highly similar, PERM is a requirement for the green card process.
Is PERM the same as Labor Certification?
If you’re looking for a work visa, you may wonder, “Is PERM the same as Labor Certification?” Getting this work permit can be complicated, but there’s help! PERM is a form that must be filled out by an employer to get a green card.
A PERM application differs from a labor certification in several ways. While labor certification is required for certain immigration petitions, such as those based on family or employment, it’s not necessary for all of them.
You can still obtain a labor certification for many non-Schedule A positions, such as those for registered nurses and doctors. However, PERM is for any position that is not currently filled by American workers. You will need to prove that there aren’t any qualified Americans in the field so that you can pay the prevailing wage for the foreign worker.
PERM is a government program that is similar to Labor Certification, but it does have more specific requirements.
Generally, an employer must submit a notice of intention to employ a new employee to the US Department of Labor (DOL). During this process, an applicant must provide information to the DOL that helps the DOL make a prevailing wage determination. A prevailing wage determination outlines the common wage in the field for a particular job position.
PERM applications take some months to process, including the recruitment process and obtaining the prevailing wage determination. This process can take up to four months and requires significant resources, and the DOL estimates that it will take around 45-60 days to adjudicate a PERM application.
As a result, employers should plan on spending four or six months completing this process. However, this time frame is a bit longer than most people think.
What is Labor Certification PERM?
PERM is a process where employers submit a petition for labor certification. The application can be filed either electronically or by mail. Petitioning employers must conduct the necessary recruitment activities and have all supporting documentation ready before filing their labor certification application. While DOL originally expected PERM applications to be adjudicated in 45 to 60 days, the processing time is now a bit longer.
To qualify for labor certification, an employer must provide a job offer that meets all requirements. The position must have reasonable requirements for education and experience, pay prevailing wage determination in the area, and have the employer test the labor market to ensure that it is able to find qualified applicants.
PERM is a complicated process. An experienced immigration attorney can provide you with the right counsel to ensure that your PERM application is approved or denied.
To qualify for permanent employment certification, employers must offer full-time, permanent employment to foreign workers. The position must have reasonable education and experience requirements, and the wage must meet or exceed the prevailing wage determination in the area where the job is located. In addition, the employer must demonstrate that they can’t find other qualified US workers.
To be eligible for a PERM application, an employer must have advertised the position for 30 days with complete details including the title and job description. Otherwise, the employer cannot file a PERM application.
The employer must also contact applicants who were previously rejected. Failure to follow this rule may result in the denial of your green card application. The employer must also give notice to job seekers 30 days prior to filing the application. This notice must be published in an in-house publication for at least 10 days.
What qualifies as “Family” according to DOL?
A “familial relationship” according to the Department of Labor is defined as any blood relationship with the sponsor. Other family relationships include marriages, adoptions, and cousins of any degree.
They may also include in-laws or stepchildren. Same-sex relationships may also be considered a family member if they were married. But if you do not include them on your PERM application, the Department of Labor could deny or revoke your approval.
Impact of the familial relationship on PERM
The impact of a familial relationship on a PERM application is high, but it is not a deal breaker. As long as the employer conducts recruitment in good faith and does not discriminate against U.S. workers, a PERM application will be approved.
If, however, a PERM application is denied, the employer should have documentation ready. If a family member is in the U.S., the employer must indicate that relationship on the PERM application.
Although a close family relationship can be grounds for denial, it should not be a determining factor in a PERM approval. The sponsoring employer must provide appropriate evidence of recruitment efforts. The sponsoring employer should show there was no undue influence, and the job opportunity was available to U.S. workers.
In deciding whether a PERM application should be approved, the DOL will consider the totality of the circumstances, including whether there was a real job opportunity and the employer’s intent.
A PERM process can be complicated, however. There are numerous factors that must be considered, including a close family relationship and whether the foreign national is in a position to influence hiring decisions. Having an experienced immigration attorney weigh all the factors will ensure that your application is approved and you are able to obtain the green card you deserve.
Definition and Scope of Familial Relationship
The PERM Labor Certification Process includes question C.9 about “familial relationship.” The DOL recently issued guidance addressing the scope of PERM question C.9. The answer to this question depends on the nature and circumstances of the relationship.
However, this question is not limited to close family members. Other examples include distant relatives, spouses, and children. The family relationship definition also includes relationships established through marriage, including same-sex marriages under a valid jurisdiction.
The DOL’s FAQ on the definition of familial relationship for the purposes of the PERM application defines a familial connection as “any type of relationship of blood, marriage, adoption, or distant relation.” This definition includes close family members, cousins of all degrees, grandparents, grandchildren, and relationships established through marriage. The audit can also happen due to the familial relationship between owners, corporate officers, and even corporate directors!
The family relationship issue or unusual job duties and is inseparable from his or her pervasive presence that the employer would be unlikely to work with the foreign national does not often arise in the context of a Permanent Labor Certification Application.
As such, it should be handled with the utmost care, since failure to address it can result in supervised recruitment or even denial. While there are relatively few cases dealing with this issue involving a sponsoring Employer and a sponsored foreign national, it should not be neglected.
What happens when a case is audited due to family?
In some cases, a case can be thrown out for the simple reason that the covered person has a conflict of interest. This is called a “family conflict.” An auditor may not be allowed to work on a client case if the covered person has a conflict of interest.
To determine whether a covered person has a conflict, the audit firm must examine the circumstances surrounding the relationship. However, there are many other reasons for audit requests including ownership interest, board of directors, or a closely held corporation in which an alien has an ownership interest!
Why should you hire an immigration attorney?
Filing a PERM petition can be complicated, especially if you have a close family relation to the applicant. This type of petition is generally denied because of the presumption that the applicant has no job opportunity, but it can be overcome if the sponsoring employer can prove that the applicant is indeed qualified for the position and it is a bona fide job opportunity.
A good immigration attorney can help you navigate this process and provide the proper guidance to deal with the board of alien labor!
Why Choose Herman Legal Group?
Whether or not a PERM petition is approved depends on the type of familial relationship involved. The right immigration attorney can weigh all of the factors involved in determining if a familial relationship is an issue.
If you are facing difficulties with your PERM application, Herman Legal Group can help. We understand the immigration process and know what you can expect during it. Our team is composed of experienced immigration attorneys, including Richard Herman.
The Herman Legal Group law practice is national and they serve clients throughout the U.S. and the world. These days, most of their meetings with clients and prospective clients are conducted online, via Skype, Zoom, WhatsApp, Facetime, or Google Meet.
Schedule a consult with one of the experienced immigration lawyers at Herman Legal Group by calling 1-800-808-4013 or 1-216-696-6170, or by booking online. Consultations can be conducted by zoom, skype, WhatsApp, facetime, or in-office.