Navigating the PERM Process

Your Guide to Employment-Based Immigration

Understand the steps and requirements for securing labor certification and advancing your immigration journey.

Understanding PERM Outcomes

The Department of Labor (DOL) can approve, deny, or audit your PERM application. If approved, the employer must file Form I-140 with USCIS to request a visa for the foreign worker. This must be done within 180 days, as labor certifications expire after this period. Once USCIS approves the petition, the employee can apply for a green card.

In case of an audit, the DOL will request additional information or evidence to support the application. Employers must comply with these requests to avoid delays or denials.

Denials can occur if the application does not meet the required standards or if there are qualified U.S. workers available for the position. Employers should work closely with immigration attorneys to ensure all criteria are met.

Professions Qualifying for Labor Certification

EB-2 Visa Category

For individuals with an advanced degree or exceptional ability in the arts, sciences, or business. This includes professionals like doctors, lawyers, and artists.

EB-3 Visa Category

For professionals with a bachelor’s degree, skilled workers with at least two years of experience, and other workers performing unskilled labor. Examples include teachers, graphic designers, and maintenance workers.

Non-Labor Certification Categories

Includes EB-1 for extraordinary abilities, EB-4 for special immigrants like religious workers, and EB-5 for foreign investors. Family-based immigration and National Interest Waivers also do not require labor certification.

Understanding Requests for Evidence

What to Do When USCIS Issues a Request for Evidence

When the USCIS issues a Request for Evidence (RFE), it means that additional documentation is required to make a decision on your application. The Department of Labor (DOL) oversees the initial labor certification process, but USCIS can request further evidence to verify the legitimacy of the application. Employers must respond promptly and thoroughly to an RFE to avoid delays or denials. Compliance with all requirements and deadlines is crucial, and seeking the assistance of a qualified immigration attorney can help ensure that the response is complete and timely.

Key Considerations for Employers

Important Factors for Employers Sponsoring Foreign Nationals

Get Expert Assistance Today

Don’t navigate the complex PERM labor certification process alone. Contact the Law Offices of Brian C Williams for expert assistance. Our experienced employment-based immigration attorney in Hyattsville is ready to help you every step of the way. Ensure your application is handled with the utmost care and professionalism. Reach out to us today by filling out our online form or calling us at 301-891-8485 to schedule a consultation.