The Labor Certification, or PERM, process has undergone major changes over the last several years and now consists of several steps. The major steps are as follows: First the employer is required to advertise the position in several types of media. Second the employer has to follow various rules regarding interviewing potential candidates. Lastly, the PERM application is then submitted, online, to the Department of Labor. Once the PERM is certified by the Department of Labor, then the employer may file the I-140, Immigrant Petition for an Alien Worker, with USCIS. When filing to USCIS, a position requiring a minimum of a Master’s Degree will be considered under the EB-2 category, while a position requiring less than a Masters will be under the EB-3 category. Depending on the requirements for the position and where the worker was born, the adjustment of status may be able to be filed at this point, or the worker may have to review visa availability to file that application.
We work to ensure the process is navigated smoothly. We assist with all phases, from reviewing the initial proposed application, completion of forms and documents, to providing guidance on what documents need to be retained and where, to advice with advertising and recruitment procedures. If you have questions about how our office can assist in the PERM process, please contact Managing Partner Daniel Conidi at Dconidi@alliantlaw.us for a free consultation.