How A Laredo TX PERM Labor Certification Attorney Helps
In today’s fast-moving economy, many U.S. businesses need skilled workers to grow and compete. Hiring foreign professionals can bring fresh ideas, unique skills, and valuable global experience to your team. However, the process of hiring foreign workers is tied to specific legal procedures.
One of the most important steps in employing foreign talent is securing PERM labor certification. A Laredo TX PERM labor certification attorney can help guide employers through this multi-step process. This article will walk you through what this certification is and how legal guidance can make a difference.
How PERM Labor Certification Works
PERM labor certification is a process required by the U.S. Department of Labor (DOL) for certain employment-based visa applications. It allows U.S. employers to hire foreign workers for permanent, full-time positions when qualified U.S. workers are not available. PERM certification aims to protect the American workforce by ensuring foreign hires do not displace U.S. workers or lower local wage standards.
Before an employer can move forward with sponsoring a foreign individual for permanent residency, the DOL must certify the job offer. This certification confirms two things. One is that no qualified, willing, and available U.S. worker applied for the job after a fair recruitment process. Secondly, hiring foreign employees will not negatively affect the wages or working conditions of U.S. workers.
For those wondering whether this process applies to their hiring plans, the next step is understanding when PERM labor certification is required. Take a closer look at the situations that need this certification.
The Labor Certification Process: Step By Step
The process requires employers to complete specific steps and follow strict guidelines set by the Department of Labor (DOL). Each step involves paperwork, deadlines, and detailed record-keeping to ensure transparency and fairness.
Think of this process as building a solid foundation for a long-term hire—you can’t skip steps or cut corners. Doing so may result in delays, audits, or even a denial of the certification. Below is a step-by-step look at what employers need to do and the documents they must prepare.
Determine Job Requirements & Minimum Qualifications
The first step is to define the job position clearly. Employers must outline the duties, required education, work experience, and any specific skills or certifications needed. These requirements should reflect the real needs of the position, not be tailored to the foreign worker’s background.
Employers should also document work location and travel requirements, if there are any. The job description must be reasonable and consistent with industry standards. Employers cannot require unnecessary qualifications to exclude U.S. workers.
Request For Prevailing Wage Determination (PWD)
Before an employer can begin recruiting for a foreign worker, they must first obtain a prevailing wage determination. You can request it from the U.S. Department of Labor’s National Prevailing Wage Center (NPWC). This wage represents the average pay offered to workers in the same positions within the same geographic area. It ensures that hiring a foreign individual will not negatively affect the wages of U.S. workers.
To request this, you must submit ETA Form 9141 along with other documents. They should show a clear job description, the minimum qualifications for the position, and details about the job’s location. These documents help the DOL assess the standard wage for the role based on local labor market conditions.
Processing times for prevailing wage requests usually range from two to three months, depending on caseloads. Once issued, the wage determination is valid for at least 90 days and up to one year. Employers must start the recruitment process while the determination is still valid to ensure compliance with PERM requirements.
Show Efforts To Recruit U.S. Workers
Once the prevailing wage determination is received, the employer must begin the recruitment process. This step intends to test the U.S. labor market and confirm that no qualified U.S. workers are available for the position. Employers are required to conduct specific recruitment efforts and carefully document each one.
The process starts with placing a job order with the State Workforce Agency (SWA). This job order must remain active for at least 30 consecutive days. In addition, the employer must publish two advertisements in a widely circulated Sunday newspaper within the same geographic area. These ads must accurately describe the job duties, requirements, and wages.
Another key part of the process is the notice of filing, which the employer must post at the job site. This notice must be visible to current employees for at least 10 consecutive business days. It informs the workforce of the employer’s intention to hire a foreign worker for the position. Once this is done, you can submit the PERM application.
File ETA Form 9089
After completing the recruitment process, the employer must file ETA Form 9089 with the Department of Labor. This form serves as the official application for PERM labor certification. Employers must sign and date the form before submitting it electronically through the DOL’s online system.
There is no filing fee for ETA Form 9089, but preparing the application requires careful attention to detail. Once submitted, processing times typically range from four to six months. If the DOL issues an audit, the process may take longer. After submission, the employer must wait for the decision before moving to the next step
Wait For DOL Review & Decision
Once ETA Form 9089 is submitted, the Department of Labor reviews it to ensure it meets the requirements. The DOL will either approve the application, request additional information through an audit, or deny the certification. If an audit is issued, the employer must provide supporting documents and respond within 30 days.
If the DOL approves the PERM application, the employer’s efforts in recruitment and compliance pay off. Certification allows the employer to move forward with the next step in bringing the foreign worker to the US.
Next Steps After PERM Approval
Once the Department of Labor approves the PERM labor certification, the employer can take the next step. They can file Form I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS). This petition confirms the job offer and the employer’s ability to pay the prevailing wage.
The certified ETA Form 9089 must be submitted with Form I-140 within 180 days of approval. If the employer misses this deadline, the certification will expire, and the process must start over. Along with the petition, the employer must include financial documents to prove that they have the ability to pay the offered wage.
After USCIS approves Form I-140, the foreign worker can apply for lawful permanent residence when a visa number becomes available. Successfully completing the PERM process brings the employer one step closer to securing a long-term, skilled foreign workforce.
How A Laredo TX PERM Labor Certification Attorney Overcomes Challenges
The labor certification process is detailed and requires strict compliance with DOL regulations. Many employers face challenges along the way, such as unclear job descriptions or mistakes in the recruitment process. Simple errors, like listing inaccurate job requirements or missing recruitment deadlines, can result in delays, audits, or denials.
Responding to a DOL audit without proper documentation can also cause unnecessary stress and slow the process. A Laredo TX PERM labor certification lawyer can help employers overcome these challenges by:
- Reviewing job descriptions to ensure they meet DOL standards.
- Help organize the recruitment process and ensure all steps are completed correctly and on time.
- Preparing accurate documentation to support the application.
- Responding promptly and thoroughly to audits or requests for additional information.
- Reducing the risk of delays, denials, or costly mistakes.
Overcoming the challenges of the certification process becomes easier with the right legal support. Having an attorney by your side ensures you can meet every requirement and deadline. If you’re looking for dedicated legal assistance, a Laredo TX immigration law firm can provide guidance to help employers successfully complete the process.
Lozano Law Firm Provides Efficient Legal Assistance
Lozano Law Firm is committed to helping employers meet their workforce needs through the PERM labor certification process. Our firm understands that hiring foreign talent requires careful preparation and strict compliance with immigration laws. We work closely with employers to help them understand the requirements and steps in obtaining certification.
Our team guides you throughout the entire process, from reviewing job positions to assisting with recruitment efforts and documentation. We help employers stay organized, meet deadlines, and avoid common mistakes that could delay certification. Our goal is to make the process more manageable while protecting the employer’s interests.
With Lozano Law Firm’s support, employers can confidently approach the PERM process. We focus on providing clear communication, thorough preparation, and dependable service at every stage. By working with us, employers can focus on growing their business while meeting all necessary legal requirements.
Hiring foreign workers can give your business the talent and skills it needs to grow. However, before offering employment to a foreign national, some U.S. employers may need to complete the PERM labor certification process. This process confirms that no qualified U.S. workers are available for the job. It also ensures that hiring a foreign worker will not impact local wages or working conditions.
The process, while detailed, becomes more manageable with the right legal support. A Laredo TX immigration attorney can help employers avoid mistakes, respond to audits, and meet deadlines. Lozano Law Firm works alongside employers to guide them through every stage of the process. With our assistance, you can confidently grow your workforce while complying with labor and immigration laws.
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