At Onal Gallant, we understand the critical importance of the PERM Labor Certification process for foreign nationals seeking permanent residence in the United States through employment, under the EB-3 category. This process, governed by the Department of Labor (DOL), serves as a protective measure for the U.S. labor market, ensuring that the employment of foreign workers does not negatively impact the wages and employment conditions of U.S. workers in similar positions.

Our experienced immigration attorneys guide employers and foreign nationals through each crucial stage of the PERM process:

  1. Job Description Preparation: Assistance with crafting a job description that accurately reflects the duties and requirements of the position proposed by the Employer.
  2. Prevailing Wage Determination: Obtaining a determination from the DOL about the average wage paid to similarly employed workers in the specified geographic area.
  3. Recruitment Efforts: Undertaking rigorous recruitment activities to demonstrate that there are no qualified U.S. workers available for the position, which may include job postings in various media, job fairs, and other recruitment channels.
  4. Filing ETA Form 9089: Completing and submitting the Application for Permanent Employment Certification, which details the employer’s recruitment efforts and the qualifications of the foreign worker.

Moving Forward After PERM Certification

Once the PERM certification is granted, we navigate our clients to the next phase of the EB-3 process. This includes filing Form I-140, Immigrant Petition for Alien Worker, on behalf of the foreign national, followed by assisting with the filing of the I-485, Adjustment of Status application, also known as the Green Card Application.

For both employers and foreign workers, understanding and effectively navigating the PERM Labor Certification process is essential for achieving the goal of permanent residency in the U.S. It requires careful planning, attention to detail, and a proactive approach to meet all regulatory requirements and deadlines. At Onal Gallant, we pride ourselves on providing expert legal guidance tailored to each client's unique circumstances, ensuring a smooth and successful journey toward achieving permanent residency in the U.S. We can help you navigate the complexities of the PERM Labor Certification process. Contact us today to schedule a consultation with one of our experienced immigration attorneys.