Los Angeles PERM Lawyer
PERM
Obtaining permanent resident status in California can be a lengthy and difficult process for many who have come to the United States. However, there are ways in which the process can be simplified and sped up. Since 2004, immigrants have been able to obtain this status through Program Electronic Review Management, also known as PERM.
However, like any aspect of immigration law, PERM can be confusing and difficult for many who go through the process alone and unaided. If you or a loved one is considering applying for PERM, get in touch with attorney Linda Lee at the Immigration Law Office of Los Angeles, P.C. A low-cost consultation, available by calling (213) 375-4084, can give you the insight needed to make the right decision for you and your family.
What is PERM?
PERM was officially put into action on December 27, 2004 by the Department of Labor in an effort to eliminate the excessively long waiting time for citizenship offered by traditional labor certification. PERM is the first step in obtaining permanent resident status through a job offer/employment petition. Through PERM, an immigrant can have his or her application for permanent resident status approved in 45 to 60 days should there be no audit implemented. However, certain work specifications must be met in order for an applicant to qualify for the benefits of PERM.
Do You Qualify for the PERM Process?
Only those who have an active job offer or employment petition can apply for PERM. The good news about the PERM process is that both non-professional workers (such as nannies, cooks, mechanics) and professional workers (those with bachelor’s degrees or higher) can qualify to file the application. However, it must be a full-time permanent job and you must have the qualifications needed for the position.
The first step in the application is to obtain a prevailing wage determination from the State Workforce Agency, or the minimum salary an employer can pay the applicant. This ensures that the applicant will be paid a fair wage once he or she starts working for the employer.
PERM also requires that potential employers prove that there are no U.S citizens or green cards holders that are qualified for the position, instead of you. During recruitment, the employer with the help of our office must:
- post a notice of the job offer at the employer’s location;
- place a job order with the State Workforce Agency;
- advertise the position in newspapers; and
- perform alternative recruitment, as necessary for professional positions. These alternatives include job fairs, employer’s website, job search website, on-campus recruiting and trade or professional newspaper ads.
The employer must review applications submitted and interview candidates, and keep records as to why a U.S. worker was not found for the position.
Once the prevailing wage is obtained and the recruitment is completed, the law office is ready to prepare the PERM filing, which could be done electronically or through mail.
Finding Success in PERM Application
The applicant has to meet all the qualifications, education and/or experience needed for the job. If the employer is a family member of the applicant, the PERM filing will be highly scrutinized by immigration. The officer reviewing the PERM application can request to audit any PERM application filed, either at random or for cause. This is why it is important to have an attorney assist with the application process and help maintain detailed records of each step.
A Law Office Dedicated to You and Your Family
Gathering the correct details about your job offer/employment petition, your qualifications, and the hiring company’s legitimate need of your services will be vital in securing PERM approval. In the event that complications arise, handling them quickly and completely will help your case move forward with as little delay as possible. All of this can be done through the help of an attorney who understands your needs and the details of the PERM process.
The Immigration Law Office of Los Angeles understands the complexities of filing such application and will assist you and your employer each step of the way, including preparing/filing the application and responding to the audit, if necessary. Contact us today at (213) 375-4084 for a consultation to further discuss obtaining your permanent resident status through an employment petition.