PERM Visa Lawyer
Fayad Law, P.C. helps employers and prospective employees navigate the PERM visa process.
Do you want to live and work in the United States permanently? If so, you can obtain Permanent Resident Status Through Labor Certification (PERM). First, your current or prospective employer must complete the PERM labor certification process. Then, your employer will need to file Form I-140. Once approved, you can apply for an adjustment of status and become a green card holder.
The PERM labor certification process was created to protect workers in the United States. Because of that, it’s quite complicated, with ample paperwork and research required. Our Richmond PERM visa lawyer can help you through each step of the process, so you can pursue your American dream.
Requirements for PERM Labor Certification
If you would like to start the PERM labor certification process, you must meet some requirements. These include:
- An existing job offer with a salary at or above the Department of Labor’s prevailing wage
- Completion of a U.S. labor market test that shows U.S. workers aren’t qualified or available to fill the position
- Proof that you meet the qualifications for the job
Why Choose Fayad Law, P.C.
- Covers All Aspects of Immigration Law – We help clients with citizenship and naturalization, appeals and bonds, asylum, and other aspects of immigration law.
- Multilingual – We are fluent in English, Arabic, French, Russian, and Spanish, allowing us to provide legal services to immigrants from around the world.
- More than 20 Years of Experience – Our experienced legal team understands the immigration system, and we use our legal experience and insight when representing our clients. Our first-hand experience as immigrants also helps our clients navigate the complex immigration system.
- Personal Attention – As a boutique law firm, we limit our caseload to ensure we can provide personal attention to each client that we serve.
- Ethical and Sound Legal Counsel – Nash Joseph Fayad has a reputation for providing ethical and sound legal counsel and was appointed to serve as Special Counsel to the Commonwealth of Virginia for all immigration matters.
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Labor Certification Requirements
Employers must initiate the PERM process by obtaining a labor certification. They must provide evidence to the Department of Labor that shows they have tried yet failed to recruit qualified American workers for the position. Your Richmond PERM visa lawyer will help you meet the requirements to obtain the certification.
The requirements include advertising the job twice in the Sunday edition of the most popular publication in the region. Employers also have to list the job with the state’s department of labor for a minimum of 30 days. Also, they need to post a job notice at the company. This notice must stay in place for at least 10 business days. Along with meeting these requirements, companies must take three other recruitment measures. They must choose measures permitted by the Department of Labor.
Prevailing Wage Requirements
The United States government wants to ensure that employees don’t recruit immigrants to work for low wages. That would negatively impact the U.S. job market and economy. Therefore, employers can only apply for a PERM labor certification if they offer the prevailing wage. This refers to the average salary that similar employees receive.
For instance, if a Richmond employer wants to apply for a PERM visa for an engineer, he or she will have to look at the average wage for the same type of job in the city. Then, the employer will use that as a guideline when setting the wage for the job. This wage must be offered to all applicants, not just the foreign applicant.
Employers also must create a job description as part of the PERM visa process. This must outline the minimum requirements needed to fill the job. Then, the prospective employee has to submit documentation that proves he or she meets the requirements. This documentation must be included in the application. Your Richmond PERM visa lawyer will go over this and the other steps to ensure everything is in order.
How Long Does The Process Take?
The processing time varies based on different factors, such as how long it takes the employer to obtain the labor certification. Once the paperwork for the PERM visa is filed, you can expect processing to take approximately six months. Due to the other steps, it can take a year or longer to receive the visa. Hiring a Richmond PERM visa lawyer can help you expedite the process.
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FAQs - FREQUENTLY ASKED QUESTIONS
There are dozens of different types of visas available under the provisions of the Immigration and Nationality Act (INA), but they can all be placed in one of two categories: immigrant and nonimmigrant visas. The former is for individuals who are hoping to establish permanent residency with a green card and perhaps even to pursue the path to naturalization and citizenship. The latter is for those who are only planning a temporary visit to the United States, such as for the purpose of conducting business or attending school.
The INA sets limits on the number of people who will be permitted to immigrate to the United States each year using certain types of visas, while other visas are unlimited. Family immigration visas for the immediate relatives of U.S. citizens are available on an unlimited basis, while there are annual quotas set for the relatives of lawful permanent residents and extended family of citizens, with a maximum quota of 480,000. The number of employment immigration visas is limited to 140,000 per year.
Pathways to citizenship include service in the United States military and adoption, but a large percentage of all people who become citizens do so through the process of naturalization. The basic qualifications for naturalization include:
- Living in the U.S. as a permanent resident for 5 years (or 3 years for a spouse of a U.S. citizen)
- Being at least 18 years of age
- Living within the state where you will apply for citizenship for at least 3 months prior to the application date
- Being physically present in this country for at least half of the past 5 years
- Maintaining continuous residence in this country from the date you submit your application for naturalization
- Being able to read, write and speak English
- Have a basic understanding of U.S. government and civics
It is also necessary to supply evidence that you are a person of good moral character and are attached to the principles of the U.S. Constitution. We can assist you with proving these factors, as well as preparing your petition and helping you get ready for the tests.
In June of 2012, the Obama Administration directed the Department of Homeland Security (DHS) to begin applying a policy that is referred to as Deferred Action for Childhood Arrivals (DACA). Under deferred action, DHS is exercising discretion in its execution of the laws concerning deportation and removal of immigrants who are illegally present in the United States. Deferred action is not a change to the existing law, but is instead a change in the way that the law is being applied. You may qualify for relief under DACA if you were younger than 31 years of age on June 15, 2012, came to the U.S. before your 16th birthday, have continuously resided in this country since June 15, 2007 and are either currently in school or have already graduated from high school or earned your general education development (GED) certificate, among other criteria. With deferred action, you may be able to avoid being deported, though it does not grant any change of immigration status.
In its review of immigrant visa petitions, the U.S. Citizenship & Immigration Services (USCIS) weighs factors related to the ties that the prospective immigrant has in the United States and the reasons why he or she wants or needs to come to live in this country. For example, a family immigration petition will not be approved unless the foreign national has immediate relatives such as a spouse, mother or father, child or sibling already living here as a citizen or green card holder. An employment immigration petition is more likely to receive approval if the applicant has a job offer in this country and is coming to fill a position that cannot reasonably be filled from the local labor market. A foreign national who is fleeing persecution in his or her home country may be granted an immigrant visa as a refugee or asylee.
There are many strategies for challenging a removal action. If the proposed deportation is based on a criminal conviction, it may be possible to appeal the conviction in order to have it overturned. Another option is to petition for cancellation of removal, a type of immigration relief which is available to people who are of good moral character and whose deportation would subject a family member who is a citizen or permanent resident to extreme hardship. The key to success in stopping deportation is to take immediate action by hiring a Virginia immigration attorney from our firm as soon as possible. Contact us now at Fayad Law, P.C. for a confidential consultation and to let us get started on your case!
Fayad Law, P.C. maintains offices in Richmond and Fairfax, Virginia. We work with individuals, families, and businesses across the world, providing them with assistance in resolving the legal issues involved with helping their loved ones and employees to immigrate to the United States. We work directly with foreign nationals living abroad, guiding them through the process of obtaining immigrant and nonimmigrant visas for entry to the U.S.