How do I get permanent residency through employment?

New Jersey Labor Certification Lawyers

Most foreign nationals who receive permanent residence through employment in our country go through the labor certification or PERM process. This PERM application must be submitted by the employer of the foreign national and sent to the US Department of Labor. This should show that the employer has tried to hire US workers for the job that the foreign national is applying for, but has not been successful in hiring US citizen workers.

When applying for labor certification, the first step is for the employer of the foreign national to request from the United States Department of Labor a prevailing wage determination. The employer then must also provide the US Department of Labor all the facts regarding the job in question, such as location of the job, the duties and requirements. Once this has been submitted and processed, the employer must try and initiate a good faith recruitment to see if any qualified American workers apply and meet the job requirements. The employer is expected to advertise the position in the local newspaper, post the job opening on the company website and submit the job opening with the New Jersey workforce agency.

If after all that advertising and posting the job opening through all the appropriate avenues yields no qualified and capable potential American worker, then the employer must fill out and submit an ETA-9089 form, more commonly known as a PERM application, to the US Department of Labor. Even though the PERM application can be submitted electronically, the US Department of Labor can take up to several months to process the application. Once the application is approved, there are 180 days for the employer to submit an I-140 visa petition to the United States Citizenship and Immigration Services (USCIS) to allow the foreign national employee to begin working and legally staying in the United States.

With all the complex steps and multiple forms and applications, having a successful and experienced labor certification attorney will help guide you throughout the submission process and make sure all requirements are filled. At the Law Offices of Jef Henninger, Esq., our highly skilled Atlantic City PERM application attorneys are available any time for a free initial consultation. Call us at 732-383-6242 to see what our experienced immigration law firm can do for you.

Posted on March 28, 2013, in Articles and tagged , , , , , . Bookmark the permalink. Leave a comment.

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