Green Cards
- Labor Certification
Labor certification
is the process whereby it must be established that there are no
qualified U.S. workers willing to fill the position being offered
to the applicant. In most employment based green card applications
labor certification is the first step of the process.
On March 28,
2005 the Federal Department of Labor implemented a new labor certification
process entitled PERM which has significantly reduced the time involved
in processing a labor certification. The PERM Labor Certification
program is an automated process which takes 45-60 days to adjudicate.
Although we are still learning about this new program it is clear
that the entire labor certification process has changed to require
advertising in advance of the filing of a labor certification. With
this in mind the first step in the process involves preparing and
implementing a recruitment plan prior to filing a PERM based labor
certification application.
The Department
of Labor has specifically stated that a successful PERM labor certification
application for a professional will require at least 2 Sunday advertisements
in area's newspaper of general circulation AND 3 other types of
recruitment. A typical advertising campaign for a professional position
will include most of the following:
2 newspaper
advertisements in the largest newspaper of general circulation in
your area of proposed employment.
- Registration
of the position on a job search website.
- 1 advertisement
in a specific journal that targets the profession.
- Registration
of the position with the State Workforce Agency.
- Listing of
the position on the employer website.
- Advertising
the position at trade shows, job fairs and/or with campus recruitment
agencies.
- Local or
ethnic newspaper advertisements.
- Posting of
the job opportunity at the place of employment for 10 consecutive
business days.
All recruitment
efforts must be engaged in between 180 and 30 days before the filing
of the labor certification application. If the Department of Labor
is satisfied that the advertising meets the PERM guidelines and
that the employer is unable to find qualified U.S. workers, a labor
certification will be issued. It is expected that the entire labor
certification process, including advertising, should take 4-5 months
to complete.
If you would
like to explore your specific green card options please send a request
to us at:
Greencards@usimmigrationlaw.net
or contact
Leibl &
Kirkwood
12865 Point Del Mar, Suite 190
Del Mar, CA 92014, USA
Tel. (858) 481-5211
Fax. (858) 481-7271
questions@usimmigrationlaw.net
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