By Brian in Visas and Green Cards | on 2023-09-28 17:56:27
Labor Certification, formally known as the Program Electronic Review Management (PERM) system, is a method for a U.S. employer to get approval from the U.S. Department of Labor to hire a foreign worker in a permanent position. The approval, in turn, allows the foreign worker to apply for a green card, which will allow him or her to come and work permanently in the U.S. At J. Sparks Law, we assist clients in the Austin area to apply for both labor certification and green cards.
To be approved for labor certification and visas, an employer must satisfy the following requirements:
Once an employer meets these requirements and submits their application, the Department of Labor will approve or deny the application. It is important that you have an experienced labor certification lawyer to guide you in filing the application to avoid unnecessary denial of your application, which will force you to start all over if you cannot find American workers for your open position.
If the Department of Labor approves the labor certification, then the employer will need to file a Form I-140 petition with the United States Citizenship and Immigration Services (USCIS). This petition can be concurrently filed with the foreign worker’s application for a green card Form I-485. It is important to keep in mind that the Form I-140 petition must be filed before the labor certification expires.
If you are in the Austin area and wish to apply for labor certification, contact J. Sparks Law today and schedule a consultation to learn more about how we can help you.
Julie Sparks is Board Certified by the Texas Board of Legal Specialization in Immigration and Nationality Law, one of a few such attorneys in Texas. After 15 years of practice in this field, she has represented immigrants from more than 70 different countries.