The PERM Labor Certification process is the first thing foreign nationals must take prior to obtaining a employment immigration visa. New Jersey immigration lawyer Susan Scheer can help you through the legal process to ensure your request is handled. Please call our Morristown office to learn more.
Finding the right person for the job can be difficult enough. If that person is from another country, you need a quality advocate to guide you. Program Electronic Review Management, also known as PERM, is the first part of the labor certification process. As part of our business sponsorship practice, we help many employers bring the qualified professionals that they want. If you own or run a business, and you wish to sponsor a foreign worker, we can help. Contact The Law Offices of Susan W. Scheer to talk to our responsive, experienced legal team.
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Before PERM, stage one of the labor certification process could take up to four years, and was completed entirely by mail. The government introduced the PERM program a year and a half ago. As of now, after you register via computer, stage one only takes six to ten months.
Ironically, this has caused backlog in stage two. After you receive your certification, you must apply for your employee’s I-140 immigrant visa petition. Although you can progress quickly onto an adjustment of status appointment, there is an adjustment of status backlog. For sponsorship cases, the visas being granted in December 2006 were applied for in 2002 for skilled workers and 2001 for unskilled workers.
The labor certification process takes time and skill. Although an attorney’s help is not required by law, an experienced immigration lawyer can outline all of your options for you. We can also make sure that everything is filed correctly, and in a timely matter, thus reducing any unnecessary delay.
>> How long does the labor certification process take?
If you own or run a business, and you wish to sponsor a foreign worker, an immigration attorney can help expedite the labor certification process. Program Electronic Review Management, also known as PERM, is the first part of the labor certification process. Before PERM, stage one of the labor certification process could take up to four years, and was completed entirely by mail. The government introduced the PERM program a year and a half ago. As of now, after you register via computer, stage one only takes six to 10 months.
Ironically, this has caused backlog in stage two. After you receive your certification, you must apply for your employee’s I-140 immigrant visa petition. Although you can progress quickly onto an adjustment of status appointment, there is an adjustment of status backlog. For sponsorship cases, the visas being granted in December 2006 were applied for in 2002 for skilled workers and 2001 for unskilled workers.
The labor certification process takes time and skill. Although an attorney’s help is not required by law, an experienced immigration lawyer can outline all your options, and help you to select the best one.
An attorney can help with business-based sponsorship or immigration from both angles, helping businesses or even American families protect and keep immigrant employees, and helping professionals to obtain the proper documentation to conduct business in the U.S.
Whether you are an investor or an artist, an executive or an entertainer, a scientist or an activist, you will need to apply for the appropriate visa if you wish to conduct business in the U.S.
H-1 Visa
H-1 workers are foreign professionals with specialized knowledge in a particular industry or discipline. They must have at least a four-year degree or equivalent training for this visa. USCIS considers three years of professional experience equivalent to one year of higher education, in this situation. If you have not completed a four-year (Bachelor’s-equivalent) degree, you may need to complete an educational evaluation, usually about six pages.
L-1 Visa
An L-1 visa is for intra-company transfers of skilled employees, including managers, executives, and their support staff. Unlike the H-1 visa, the applicant does not have to have completed a four-year degree. The only qualification is that the transfer must clearly benefit the U.S. economy. Candidates must have worked at the foreign company for one year, and there must be a clear and important relationship between both companies (as when one is a parent company, or if both are subsidiaries of the same parent or holding company).
E Visa
An E visa is for a trader or an investor who enters the United States (under the provisions of a treaty agreement) to create a particular business or to direct the operations of an existing business or enterprise.
O Visa
This visa is for artists and sports figures. Prima ballerinas, foreign athletes, and international entertainers enter the U.S. under an O visa.
R Visa
The R visa is for religious workers.
TN Visa
A TN visa is similar to an H1, but applies to professionals from Canada and Mexico covered under NAFTA (North American Free Trade Agreement). Obtaining this visa is an expedited process that can often occur right at the border.
Remember, these visas are not green cards. They are non-immigrant, short-term visas. You only obtain legal permanent residence after you adjust your status. However, they allow the visa holder to reside in the United States for a set number of years, and may be renewed while the visa holder is in the country.
Contact our New Jersey Immigration Lawyer for guidance on PERM Labor Certification
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