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PERM Labor Certification

Manhattan Immigration Attorneys

An employer that wants a foreign employee to work in the United States on a permanent basis must seek a permanent labor certification, or PERM. PERM is the most common way for foreign employees to obtain permanent residency. Employers must meet a number of specific legal requirements in order to obtain permanent labor certification. At Weisberg, Friedman & Klapisch, LLP, our law firm can help you complete your application and guide your company through the entire process. Attorneys Terry Friedman and Steven Klapisch each bring more than 30 years of immigration experience.

A permanent labor certification is issued by the Department of Labor. Employers that want to hire a foreign worker permanently in the United States must meet a number of criteria, including:

  • The employer must hire the foreign worker on a full-time basis.
  • There must be a bona fide job opening available to U.S. workers.
  • The requirements for the job must be described in a way that is not tailored to the foreign worker's qualifications.
  • The employer must pay at least the prevailing wage for the position.

The PERM process begins when the employer completes an application. This application must contain signatures from the employer and employee. The employer must also request a prevailing wage determination. The Department of Labor does conduct audits to ensure that companies are complying with these requirements. The Department of Labor may take up to six months or more to approve an application. Once the Department of Labor approves your company's labor certification, it will be necessary to file an Immigrant Petition for an Alien Worker with the USCIS. Our lawyers can make sure that your company complies with every one of these recruitment requirements.

EB-1 Employment Based Permanent Residence

Certain immigrants who are aliens of extraordinary ability in their field, outstanding professors or researchers, or multinational executives, may be able to apply for permanent residence without the requirement of a labor certification. The requirements for each of these categories are specific and demanding. We will be glad to review the requirements with you and give our best opinion as to whether you may be able to avoid the necessity of an individual labor certification.

Contact the Attorneys of Weisberg, Friedman & Klapisch, LLP

Call or e-mail our New York City PERM attorneys to discuss the permanent labor certification process. Although most of our clients are located in the tri-state area, we are able to represent businesses and individuals across the United States.

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Weisberg, Friedman & Klapisch, LLP
17 Battery Place
Suite 1226
New York, NY 10004

Phone : 212-696-2666
Fax: 212-889-5697
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