PERM/Labor Certification – Green Card Through Employment

If obtaining a green card through marriage or family is not an option, a green card may be obtained through employment with a process known as a labor certification, or PERM. The labor certification process is exceedingly complex, and a great amount of planning and timing are involved. Most importantly, if you are in H status, the labor certification must be filed no later than the end of your fifth year in H status.

The labor certification process involves numerous steps. A good faith read Krugman must be undertaken to demonstrate that no United States citizen or green card holder who is qualified, is interested in the job. The recruitment must be crafted very carefully to meet Department of Labor standards. Among other things, the employer must do a State workforce agency posting, to Sunday advertisements, and use three out of a list of 10 additional methods to publicize the job. The advertisement must contain the good-faith minimum requirements for the job. Any resumes that are received must be analyzed fairly, and a record must be kept of all resumes. If an applicant is truly qualified, at times the labor certification process must be abandoned, but can be started again. Once the recruitment period is over, there is a 30 day waiting period, and then the labor certification may be filed. Although the Department of Labor states that a response will be given within 45 to 60 days, 8 to 10 months is more realistic for a response. The department of labor is exceedingly strict in its analysis, and the process is very unforgiving. Even the slightest error or typographical mistake on a form can result in a denial, and a loss of a great deal of time, effort, and money.

Please feel free to contact me for a telephone or Skype consultation.   The cost is USD$105, prepaid by credit card if you are not local to the Sun Valley, Idaho area.

abk@ketchumlegal.com

208.721.7859 [USA]