Preference Categories: There are three employment-based immigrant visa classifications. The immigration laws creating these categories are designed to protect the U.S. labor market, and so there are usually strict requirements that must be met, including, among other things, a showing that the foreign employee is at the top of their field or that there are no qualified U.S. workers available to meet the minimum qualifications of the position. Most of the categories require the prior approval of the Department of Labor in the form of a Labor Certification.

Most employment-based permanent residence applications require the approval of a labor certification by the Department of Labor (DOL). The labor certification is a declaration by the DOL that there are no U.S. workers available who are qualified for the employee's particular job, and that giving this job permanently to the foreign national will not have a negative impact on the wages and working conditions of U.S.workers.

The labor certfication process had become a lengthy and complicated matter, resulting in years of delay for employers wishing to hire foreign nationals to fill needed positions. As a result, many employers and foreign nationals had tried to avoid the labor certification process completely whenever possible.

PERM (Program Electronic Review Management) is the name for the new labor certification process. While some of the labor certification procedures remain the same, there are many new requirements in this new regulation. For example, instead of years, PERM requires labor certification matters to be decided within months.

The application can be filed electronically, yet the simplicity of electronic filing is deceptive. Because the Department of Labor will be auditing both "questionable" cases and "random" cases, employers must be able to document every decision made in the hiring and recruitment process. In the event of an audit by the Department of Labor, the employer must be able to produce documentation to back up each question on the labor certification form.

It is therefore critical that employers have an Immigration attorney to guide them through this process.

Obtaining the labor certification approval is just the first step. The filing of an employment based petition and an application for permanent residence are the additional steps required to make an employee's status permanent. Each of these steps has its own requirements and potential problems.

Although the labor certification process is the primary initial focus of the employer, it is extremely important that this process be understood from beginning to end. Decisions made in the labor certification process can affect the outcome of the subsequent immigration applications. An Immigration attorney will have the knowledge to see "the big picture" and focus on the ultimate goal: providing your employee with permanent residence.

Hiring a foreign national for permanent employment in your business can be a complicated and lengthy process. The time and resources necessary to employ a foreign national must be invested wisely by your business. Keeping in mind the ever-changing laws and regulations in this area, our firm will examine your employment needs and determine the best strategies available to fit your particular circumstances.