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PERM Labor Certification for Wisconsin Businesses

By Carlos Gamino

The U.S. government – specifically, the U.S. Department of Labor – requires employers to meet certain criteria before they’re allowed to hire foreign workers who need visas or green cards. One of those requirements is the permanent labor certification (sometimes called PERM), which this guide explains.

PERM Labor Certification for Wisconsin Businesses

For many companies, it just doesn’t make sense to jump through hoops and file dozens of forms with U.S. Citizenship and Immigration Services to permanently hire foreign workers – and that’s why many businesses turn to Wisconsin immigration attorneys for help. Your attorney can help ensure that you have all the documentation you need, then fill out and submit a packet for a PERM labor certification on your company’s behalf. (It’s also worth noting that if you don’t intend to hire these workers on a permanent basis, you need a different type of labor certification. Your attorney can help you with that, as well.)

Related: Simple labor certification

What Types of Employees Can You Hire With a PERM Labor Certification?

You can hire permanent employees with a PERM labor certification. That means your employees will be eligible to apply for green cards, which signify lawful permanent residency in the United States. Lawful permanent residents are allowed to apply for naturalized citizenship after holding a green card for at least five years.

For a permanent labor certification, you must hire:

  • A full-time worker, not a part-time worker
  • A person for a permanent job, not a temporary job
  • For a position that meets or exceeds the prevailing wage or actual wage
  • With reasonable job requirements, which are the same across the industry and cannot be tailored to a particular individual’s background without proving that it’s a business necessity to do so

Do You Need to Talk to a Business Immigration Lawyer About Getting a PERM Labor Certification?

If your company needs to hire foreign nationals for a permanent job, we may be able to help you. Call our office at 414-383-6700 now to schedule your free consultation. We’ll be happy to answer your questions and give you the advice you need.

Attorney Carlos Gamino

By |2022-07-19T13:58:20-05:00July 19th, 2022|Immigration Law|Comments Off on PERM Labor Certification for Wisconsin Businesses
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What is PERM Labor Certification in Business Immigration?

By Carlos Gamino

Businesses that wish to hire foreign employees to fill permanent positions generally need a PERM labor certification from EU S Department of Labor. But what is that, how do you get it, and how does it impact your ability to hire foreign workers? We have the answers.

What is PERM Labor Certification in Business Immigration?

PERM Labor Certification is the first step in hiring foreign workers for permanent positions in the United States. If the employer is successful in completing the PERM process, they will then be able to file an immigrant petition with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker. Many companies find it beneficial to work with a Wisconsin immigration attorney to file for a PERM labor certification.

Related: Work visas and authorizations

Does Every Business Need PERM Labor Certification?

No, every business does not need PERM labor certification. The PERM process is generally only required for permanent positions that are professional, managerial or involve highly specialized knowledge. For most other positions, a business can simply file an I-129 petition with USCIS. However, there are some exceptions to this rule – businesses may still need to go through the PERM process if they are located in a “Schedule A” designated area or if the position is considered a “critical occupation.”

How to Get PERM Labor Certification From the U.S. Department of Labor

The PERM labor certification program is the process through which employers in the United States request permission to hire a foreign worker for a permanent position. The Department of Labor (DOL) is responsible for issuing these certifications.

To obtain a PERM labor certification, an employer must first place two advertisements for the position in question, in newspapers of general circulation. The ads must run for at least four consecutive weeks, and they must state that the position is open to all qualified applicants, regardless of citizenship status. After the ads have run, the employer must compile a file of potential candidates for the position. This file must contain information on each candidate’s qualifications, as well as evidence that the employer has considered each candidate equally.

After the file is complete, the employer must submit it, along with a labor certification application, to the DOL. If the DOL approves the application, the employer will be issued a PERM labor certification and can begin the recruitment and hiring process.

Do You Need to Talk to a Business Immigration Attorney About PERM Labor Certification?

If your business has open permanent positions that you’d like to fill with foreign workers, we may be able to help you obtain the appropriate labor certification from the U.S. Department of Labor. Call our office today at 414-383-6700 to schedule a consultation with a professional who can give you the guidance you need.

Attorney Carlos Gamino

By |2022-07-19T14:06:40-05:00July 12th, 2022|Immigration Law|Comments Off on What is PERM Labor Certification in Business Immigration?
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