How to Obtain PERM Labor Certification in Utah

Obtaining a Program Electronic Review Management (PERM) labor certification is the critical first step in getting foreign workers admitted to the United States for the purpose of permanent employment.

A Utah immigration attorney from Buhler Thomas Law can assist you in applying for and obtaining a PERM labor certification. Our team of experienced legal professionals can also assist with any other part of the process, including maintaining necessary compliance.

What Is a PERM Labor Certification?

Before an immigrant petition to hire a foreign worker for permanent employment can be submitted to the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS), the employer must have a permanent labor certification issued by the Department of Labor (DOL) which allows an employer to hire a foreign worker to work permanently in the United States

Certification is obtained through the U.S. Department of Labor’s Employment and Training Administration (ETA). Essentially, this means that the ETA certifies to USCIS that insufficient U.S. workers are willing, able, qualified, and available to fill the position(s). ETA must further certify that, by employing a foreign worker, the applicant’s actions will not have an adverse effect on the wages and/or working conditions of any American workers who are similarly employed.

What Is the Process for Obtaining PERM Certification?

The requirements for obtaining a PERM certification include conducting specifically defined recruiting activities. These activities are designed to test the U.S. labor market to see whether American workers (either U.S. citizens or permanent residents) are available to fill the job(s) in question. The employer must also offer a prevailing wage (as defined by the standards of the Department of Labor).

Documentation of these activities must be submitted and reviewed before the employer’s PERM application can be certified.

Like most other immigration-related processes, obtaining this certification can be complex and fought with potential roadblocks. The process can also differ significantly based on the program that’s right for your goals and objectives. The process can also take a significant amount of time to complete, especially if the applicant is unfamiliar with the process or if the employer makes any errors along the way.

For these reasons, it makes good sense to seek the assistance of an experienced immigration attorney in Utah.

How Can a PERM Labor Certification Lawyer Help?

The Utah immigration lawyers of Buhler Thomas Law assist employers in having the positions they are hiring into become PERM certified. From the beginning of the application process through all the ongoing efforts that are required to maintain compliance, we guide clients through the process. We also represent clients who may be facing a PERM audit from the Department of Labor.

We also provide legal assistance to individuals who seek to work in the U.S. on a permanent basis. While certifying a position is the responsibility of the employer, it is important for employees to understand the implications of this process. If an employer does not obtain and maintain compliance, the situation could quickly become problematic for the employee. The employer also needs to assist with the filing of the Petition for Alien Worker.  However, the final phase of the PERM process – the individual’s application for permanent residency (adjustment of status) – is the responsibility of the employee.  An employee might also wish to apply to have their spouse and/or dependent family members join them in the U.S., another aspect with which we can also provide assistance.

Contact Buhler Thomas Law today to learn more or to schedule an appointment with one of our Utah immigration attorneys.