The laws and regulations governing the grant of green cards based on job offers are complex and difficult to navigate without experience and knowledge in the subject.
The Department of Labor's Labor Certification program, known as "PERM", is the critical step in this process. Immigration law says that an individual may be considered for an employment-based green card only if it can first be demonstrated that there are no U.S. workers who are able, willing, qualified and available for the offered position and that the job offer will not adversely affect the wages and working conditions of other similarly employed workers.
The process requires an extensive test of the labor market, requiring employers to conduct a series of recruitment efforts designed to attract potentially qualified U.S. individuals. Our goal is to use our professional expertise to perfect a case which will be acceptable to the Labor Department and lead to a successful outcome for our clients. Proper timing of each step in the process is crucial. We strive for perfection in this complicated process. Our staff includes a former Labor Department employee and we have an outstanding record of success.
We are particularly adept at identifying and overcoming issues such as potential on-the-job training, foreign language requirements, employer-employee relationship (bona fide job offer) and financial ability of the employer. We have also had great success in justifying the business necessity for a Master's degree (or a Bachelor's degree plus five years of experience), allowing individuals to process their green card under the more favorable Second Preference category.
If you have questions about how our office can assist in the PERM process, please contact Managing Partner Michael Wildes at Michael@wildeslaw.com