Labor Certification And PERM Applications

Barth Law Firm, P.S.C., offers Kentucky employers the benefit of 25 years of experience in business immigration matters. Based in Louisville, we have assisted companies of all sizes with a wide array of immigration-related concerns, including sponsoring foreign workers who want to become permanent residents (Green Card holders).

Let us guide your business through the complexities of the labor certification process and help you obtain the skilled employees you need.

Proving That The Foreign Worker Is The Only Qualified Candidate For The Job

The U.S. Department of Labor uses an online system called Program Electronic Review Management (PERM) to process applications for labor certification. As an employer, you need to prove two key points during the PERM application process:

  1. No U.S. workers are available or qualified to perform the specific job your company needs done.
  2. Hiring an individual from another country will not adversely affect employment opportunities for workers in the U.S.

Attorney William Barth has the detailed immigration experience necessary to shepherd your company through all the labor certification requirements. He can assist you with the following matters, among many others:

  • Appropriately advertising the employment position, defining the minimum requirements of the job and otherwise testing the labor market
  • Determining the prevailing wage for similar positions in the same geographic area
  • Verifying the worker's experience and education
  • Documenting all communications between your company and job applicants
  • Registering your company in the PERM labor certification database

Some Workers May Qualify For National Interest Waivers

A foreign worker may be able to waive the labor certification requirement if he or she can prove that doing so is in the best interest of the United States. To obtain such a national interest waiver (NIW), the worker must be able to prove that:

  1. He or she intends to perform a job of substantial intrinsic merit or significant importance.
  2. His or her work will likely impact the entire country, not just one city or region.
  3. The U.S. would greatly benefit from waiving the labor certification requirement.

Obtaining Green Cards/Lawful Permanent Residency Status

After the labor certification application is approved by the U.S. Department of Labor, the next step is to file an I-140 (Immigrant Petition for an Alien Worker) with the U.S. Citizenship and Immigration Services (USCIS).

When the USCIS approves the I-140 petition, the worker can move on to the final stage of the Green Card process: filing an I-485 (Adjustment of Status) application if he or she is already in the U.S., or applying for a Green Card at his or her local consulate or embassy.

To learn more in a complimentary consultation with our lawyer, call our Louisville office today at 800-481-1336 or 502-429-9049, or contact us online.