Texas PERM Labor Certification Lawyers

For U.S. employers, finding the right talent sometimes means looking beyond national borders. When a business identifies a qualified foreign worker they wish to hire permanently, they must often obtain a permanent labor certification from the Department of Labor (DOL). This certification, commonly known as PERM, is the first step in acquiring an employment-based immigrant visa, or “Green Card,” for a foreign national.

The process exists to protect the U.S. labor market. It verifies that hiring a foreign worker will not displace U.S. workers or negatively impact their wages and working conditions. At De Mott, Curtright & Armendáriz, LLP, we understand the intricacies of immigration law and help businesses manage these procedures efficiently.

The Significance of PERM Labor Certification

PERM stands for Program Electronic Review Management. It is the system used by the DOL to process labor certification applications. Before an employer can file an immigration petition with U.S. Citizenship and Immigration Services (USCIS), they must first obtain an approved labor certification from the DOL.

The core purpose of this certification is to demonstrate two things to the U.S. government. First, the employer must show there are insufficient U.S. workers who are qualified, able, willing, and available for the specific job opportunity. Second, the employer must prove that employing the foreign national will not adversely affect the wages of similarly employed U.S. workers.

Key Requirements for Employers

Not every business automatically qualifies to file a PERM application. The DOL sets specific criteria that an employer must meet to participate in the program. These requirements confirm the legitimacy of the business and the job offer.

To proceed with a labor certification, an employer must:

• Possess a valid Federal Employer Identification Number (FEIN) to establish their status as a legitimate business entity.
• Maintain a physical location within the United States where the foreign employee will be working and to which U.S. workers can be referred.
• Obtain a prevailing wage determination from the National Prevailing Wage Center (NPWC) before filing the application.
• Offer a permanent, full-time job opportunity to the foreign national. 

Basic Steps in the PERM Process

The path to certification involves several critical stages. Every step takes meticulous attention to detail and strict adherence to deadlines. It is the employer, not the employee, who bears the responsibility for filing applications.

The general workflow includes the following phases:

• Identify the Job Opportunity: The employer must define the job duties and minimum requirements for the position. This step involves confirming the role is full-time and permanent.
• Request A Prevailing Wage Determination: The employer submits a request to the NPWC to determine the appropriate wage for the specific job in that geographic area. The employer must agree to pay at least this amount.
• Conduct Recruitment: Before filing, the employer must test the labor market to determine if any qualified U.S. workers are available. This involves placing advertisements and posting job notices.
• Submit the Application: If no qualified U.S. workers are found, the employer creates an account with the DOL and submits the PERM application online or via mail.

The Importance of Compliance

Strict adherence to DOL regulations is vital. The department works to verify that the admission of foreign workers does not harm the domestic workforce. Consequently, the DOL may audit applications to verify the information provided. Failure to uphold the requirements can lead to the denial of the application. In severe cases, it can result in debarment, preventing an employer from filing future labor certifications for a specific time period.

Contact DMCA For Assistance

The PERM process is complex and demands a thorough understanding of federal regulations. With over 170 years of combined legal experience, the team at DMCA assists employers and employees in managing employment-based immigration strategies. If you need support with a labor certification application, schedule a consultation today.