A PERM (Program Electronic Review Management) Labor Certification is the first step towards a foreign beneficiary obtaining an employment-based green card, allowing them to live and work in the country permanently. If you are a U.S. employer wishing to consult an expert PERM labor certification attorney, look no further than the Florida Immigration Law Counsel. Two categories of employment-based visas requiring the labor certification are the EB-2 and EB-3. Before an employer can file a petition for a foreign worker, they must first obtain an approved labor certification from the Department of Labor by filing ETA Form 9089.
The DOL must be able to certify to USCIS that there are not sufficient U.S. workers available who have the qualifications, willingness and availability to perform the job offered at the prevailing wage for that occupation. Furthermore, it must satisfy USCIS that the employment of the foreign worker will not adversely affect the working conditions or wages of similarly employed domestic workers.
At the Florida Immigration Law Counsel, we provide services for employers seeking a PERM labor certification. Our process is:
Applying for a PERM Labor Certification is a very complex and time-sensitive procedure. Contact the FL-ILC should you require any assistance or representation from an experienced immigration attorney.
The following are just a few of the most common questions that we answer during our initial consultations with people who are interested in being awarded a labor certification to hire permanent foreign workers.
What Is a Labor Certification?
Simply put, a labor certification is a legal document that is designed primarily to protect American workers and employment options by requiring an employer to go through an extensive process of proving that there is no worker available in the country to perform a certain task.
According to the United States Citizenship and Immigration Services and the Department of Labor, “the labor certification process exists to protect U.S. workers and the U.S. labor market by ensuring that foreign workers seeking immigrant visa classifications are not displacing equally qualified U.S. workers.”
Will I get approved for a labor certification?
The process of applying for a labor certification is complicated and detailed, and there is no guarantee that you will be approved for your application. In fact, you will need to attempt to hire an American worker over a designated period of time before you are even able to move forward with the application process for the labor certification.
If you are unable to find anyone who is already legally able to work in the United States who is even moderately equipped to perform the task you are hiring for, then you will be able to take the next step in the process of applying for a labor certification to hire a foreign worker.
How long will it take to be approved for a labor certification?
The application process has multiple steps that you will need to go through before you are able to actually hire a foreign employee with a labor certification, and each process is unique. In order to get an exact idea of what you can expect, you can contact the Florida Immigration Law Counsel as soon as possible so that we can discuss your situation. Typically the application process can take a year or more, and if you must file an appeal it can take much longer.
The general guidelines for the length of time of each step are as follows:
Step 1: Developing the job description and preparing for the recruitment process. This may take up to a month, or more.
Step 2: Request a Prevailing Wage Determination. Once you submit a request for a PWD from the Department of Labor, it may take up to four months or more before you are approved (if you are approved).
Step 3: Recruitment. Part of the approval process is an attempt to recruit American workers for this job so that you are not taking away from American workers or the American job market. By the time this process is concluded, it could be up to 180 days or more. However, if you find someone equipped for the job at this point, you will not need to continue with the application process because you can hire the American.
Step 4: Cooling Off and Filing. Once you have concluded your recruitment efforts, you will need to complete a 30-day “cooling off” period before you can submit your application. Once filed, it can take 3-4 or more months to get a decision from the DOL.
Step 5: Decision and next steps. You will receive a decision from the Department of Labor, at which point you will either be able to move forward with your foreign hiring, are denied and decide that you will not continue the process, or you can appeal.
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Caring and compassionate, Saman Movassaghi Gonzalez is a Florida immigration attorney dedicated to producing the results her clients need. She has over 17 years of experience helping both corporate and individual clients with an emphasis in employment/investment cases and family adjustment cases.
As the Managing Attorney at Florida Immigration Law Counsel, Saman Movassaghi Gonzalez and her team are capable of representing and helping individuals looking to attain a Family Visa, Work Visa, and Citizenship/Naturalization. Her experience successfully representing clients in front of the Department of Justice for cases involving Deportation/Removal Proceedings will lead to success in your case.
Her experience and expertise in immigration litigation has led to multiple Avvo awards and other accolades, including the Clients’ Choice for 2017 Immigration Attorney. Her clients also consistently post positive reviews on her Facebook page. Her experience has also allowed her to teach a new generation of lawyers as an adjunct professor of law at Nova Southeastern University, and she also regularly gives speeches on immigration matters.
Counselor Gonzalez is also experienced in helping corporate clients through the process of filing for Employment Visas, Labor Certifications, and Business and Investment Visas with the Department of Labor. She takes on the entire case from start to finish, simplifying the process for her clients and allowing them to focus on their business.
Fluent in English, Spanish, and Farsi – Saman Movassaghi Gonzalez is dedicated to making her clients feel comfortable and assured in making her their go-to immigration attorney in Florida. Her goal is to ensure that those who want to live the American dream have a professional fighting for them and making the process as painless as possible.
Saman’s passion for immigration law stems from her personal life as the daughter of immigrants. Her parents were recipients of the student F1 visa in 1971. Her father came into this country with the goal to improve his life and the life of his children. He earned a PhD in Civil Engineering and Business, instilling in his daughter a strong work ethic that she carries to this day. Saman saw firsthand what it means to be an immigrant and achieve the American Dream.
Saman Movassaghi Gonzalez can personally understand the struggle of immigrants and the children of immigrants navigating through the bureaucratic process of immigration law. Because of this, she dedicates herself fully and provides her personal attention to every case. She prides herself on developing a strong relationship with each and every client, and she is not afraid of pushing the envelope and looking for answers where other attorneys have failed.
Saman Movassaghi makes it her goal to provide you with only the best representation for immigration matters because she believes it’s time for you to live the American dream!