An employment-based immigrant visa requires a job offer from a US employer. An employer has the ability to sponsor a job-related immigration process through filing for a variety of visas, including EB-1, EB-2, EB-3 and EB-4. An employer may also file an application for a labor certification (PERM) for their EB-2 and EB-3 holders.
The labor certification proves that the employer has not been able to identify a US worker who has fulfilled the minimum requirements for the available job opening.
Procedure for Obtaining a Labor Certificate
- An employer must prove that he/she has conducted rigorous recruitment steps to identify a suitable US worker for the position, before filing an application for labor certificate (PERM) for its foreign worker. The employer must also document the recruitment steps. For professional jobs, the employer must find a candidate holding at least a bachelor’s degree.
- The employer must also justify why the job has been denied to US applicants.
- The wage the employer proposes to the foreign employee has to be equal to or above the prevailing wage for that specific geographic region.
- The requirements of the job position need to be specific and outlined in a job posting.
With the assistance of experience immigration lawyers, the labor certification process will go smoothly. Contact us at +1.305.372.0222 or attorney@kravitzlaw.com for the filing of your labor certification (PERM)