Discover the PERM Labor Certification process and explore business-related immigrant visas as viable alternatives to the E-2 Visa for employers seeking to hire foreign workers from non-E-2 Treaty countries. This comprehensive guide sheds light on how the process works and the available immigrant visa options.
The PERM Labor Certification Process: The PERM Labor Certification process is meticulously designed to ensure that foreign workers coming to the United States to work for lower wages do not displace U.S. workers. This complexity stems from the certification’s intent.
The U.S. employer sponsoring the foreign worker bears the burden of proof, providing substantial evidence that no qualified U.S. worker is willing to accept the job at the prevailing wage. In essence, the employer must demonstrate a good-faith effort to hire a U.S. worker before applying.
Key Steps in the PERM Labor Certification Process:
1. Filing a Labor Certification Application with the Department of Labor:
- Posting a job opening notice in the workplace
- Using in-house media for general hiring
- Placing a job order with the State Workforce Agency for 30 days
- Running two newspaper advertisements in the area of employment on two different Sundays within 30 to 180 days before filing.
2. Filing an Immigrant Visa Application with the USCIS:
- EB1 Priority Workers Immigrant Visas
- EB2 Immigrant Visas
- EB3 Immigrant Visas
3. Filing a Green Card Application with the USCIS:
- Granting foreign employees’ permanent resident status in the United States.
Work with an Immigration Attorney: The labor certification process is intricate, requiring 6 to 24 months for approval, not including immigrant visa processing time. Mistakes can lead to USCIS denial. Partnering with an experienced Immigration Attorney is crucial for a successful outcome.
Whether you have immigration or business aspirations, Jurado & Associates, P.A. is your ally in achieving them. Contact us at (305) 921-0976, email [email protected], or reach out via WhatsApp at +1 (305) 921-0976 to learn more about our services.
