PERM Labor Certification in New Bern

Direct Attorney Guidance for Employer-Sponsored PERM Cases

PERM labor certification is an employer-led process for sponsoring a foreign worker for permanent employment. The employer is responsible for defining the job opportunity, obtaining the applicable prevailing wage determination, completing compliant recruitment, and maintaining records that support the information submitted to the U.S. Department of Labor.

Our practice is dedicated to immigration law, including employment-based immigration matters for businesses and entrepreneurs. At E. A. Wood Law Firm, you communicate directly with your assigned attorney as we assess the position, sponsorship category, worker’s qualifications, and filing strategy.

Call (800) 611-0821 to discuss the offered position and whether PERM fits your sponsorship plans.

When PERM Labor Certification Is Required

PERM is the system the U.S. Department of Labor uses to review permanent labor certification applications. It tests the labor market to determine whether qualified, willing, and available U.S. workers can fill the offered position and whether hiring the foreign worker would adversely affect U.S. workers’ wages and working conditions.

Employer-sponsored cases in the EB-2 and EB-3 preference categories commonly require certification. Eligibility depends on the position, its minimum requirements, the worker’s education and experience, and the employer’s immigration strategy.

Not every employment-based case follows this route. Certain National Interest Waiver cases and EB-1 categories may proceed without labor certification. PERM also doesn’t provide work authorization or permanent residence by itself. It is generally one stage in a longer process involving an immigrant petition and, when available, the worker’s green card application.

The PERM Process for Employers

Every stage must reflect the same genuine job opportunity. Changes to the duties, minimum requirements, work location, or wage information can affect how the case should proceed.

A typical employer-sponsored case includes:

• Position assessment: The employer identifies the job duties, minimum education and experience requirements, work location, and other material conditions of employment.
• Prevailing wage determination: The employer requests the required wage determination for the occupation and intended work location.
• PERM recruitment: The employer completes the required recruitment steps, which differ for professional and nonprofessional positions.
• Applicant review: The employer evaluates applicants using lawful, job-related criteria and documents the recruitment results.
• Department of Labor filing: The employer submits Form ETA-9089 with information consistent with the position, wage determination, recruitment record, and sponsored worker’s qualifications.

PERM Compliance for New Bern Employers

Small inconsistencies among the job requirements, advertisements, wage information, and filed application can create significant problems.

Issues that require close attention include:

• Unsupported job requirements: Requirements shaped around the sponsored worker rather than the employer’s genuine minimum needs may raise compliance concerns.
• Recruitment errors: An omitted advertisement, incorrect recruitment period, or inconsistent job description can affect the application.
• Wage discrepancies: The offered wage must satisfy the applicable prevailing wage requirements for the position and location.
• Incomplete records: Employers must retain the supporting recruitment and case documentation.
• Department of Labor audits: An audit can require the employer to produce its records within the stated response period.

Preparation, recruitment, Department of Labor review, and a possible audit can all affect timing, so each case follows its own schedule. Drawing on more than 20 years of combined immigration legal experience, our attorneys review the record for compliance concerns before filing. Our attorneys are also active members of the American Immigration Lawyers Association, and we offer professional legal communication in Spanish, Italian, Portuguese, and French.

What Happens After PERM Certification

Certification isn’t the final immigration approval. The employer generally proceeds with Form I-140, Immigrant Petition for Alien Worker, and must establish that the petition meets the requirements of the applicable employment-based category. The certified labor certification generally must accompany that petition within its limited validity period.

The sponsored worker may later pursue adjustment of status if eligible to apply for permanent residence from within the United States. A worker outside the country may instead use consular processing through a U.S. embassy or consulate. Visa availability, current immigration status, and the worker’s location can influence when and how these steps proceed.

Clarify the Sponsorship Path Before Recruitment Begins

Before starting PERM recruitment, speak with us about the employer, offered position, minimum qualifications, work location, sponsorship category, and worker’s immigration circumstances. An early assessment can help clarify whether PERM labor certification fits the proposed case and what information the employer may need.

We serve employers and sponsored workers in Craven County, throughout the United States, and internationally. Consultations are available at our New Bern office, by phone, or by video. Wherever you are located, you’ll communicate directly with the attorney handling your case.

Call (800) 611-0821 to schedule a consultation about your employment sponsorship plans.