Hoping to Hire Abroad: We Can Help

Foreign nationals make significant contributions to the U.S. economy, filling many critical positions and helping the U.S. stay on the cutting edge in a competitive global economy. However, receiving permission to hire a foreign national is complicated. Before an employer can sponsor a worker for an employment-based green card, they typically need to complete the PERM labor certification process. Call The Law Office of Jason M. Sullivan if you are an employer seeking permission to hire from abroad.

What is PERM?

PERM is an acronym for Program Electronic Review Management. This is the Department of Labor’s certification program. The goal of PERM is to protect American workers. The U.S. will not provide an employment-based green card simply because an employer wants to hire a non-citizen. Instead, employers must show that there aren’t enough workers in the U.S. who are qualified or available to fill the position.

Furthermore, employers must show how hiring a foreign national will not adversely impact the wages or working conditions of U.S. workers. This is a demanding process.

The employer begins the PERM process, so we naturally work with employers as part of our employment-based immigration services. Once an employer identifies a full-time permanent position, they need to obtain a prevailing wage determination from the Department of Labor. This determination will set the minimum wage you must offer for the job, based on the skills required and geographic location.

We Can Help Employers with Their Obligations

Before receiving permission to hire a foreign national, employers typically need to engage in recruitment in the U.S. labor market. Employers might need to place job ads or conduct other recruitment to determine if there are enough qualified U.S. workers available.

Our firm can ensure you tick all required boxes to obtain approval. We can also assist with filing Form ETA 9089 with the Department of Labor and doing other tasks to obtain certification.

PERM is not a green card application; that comes once an employer receives the green light from the government to hire a foreign candidate.

Processing times are slow. Many companies are waiting a full year before they receive permission. For this reason, it is critical to provide complete and accurate information. Moreover, inaccuracies or questionable information can trigger an audit.

Has the Trump Administration Proposed Changes?

The current administration has changed many immigration rules over the past 18 months, but they have proposed only limited changes to the PERM process. DOL has proposed changing how prevailing wages are calculated. If the changes go through, then the minimum prevailing wage could jump considerably. That might make hiring a foreign worker less attractive.

The Trump Administration has also proposed “modernizing” the labor market test. We wait to see what that overhaul looks like. Our immigration lawyer, Jason M. Sullivan, stays at the forefront of changes to immigration law in the current administration and can guide employers with accurate legal advice.

Reach Out to Our Office

Do you have questions about whether to hire a foreign worker? Contact The Law Office of Jason M. Sullivan, PLLC, to speak with a Portsmouth, New Hampshire or Miami, Florida immigration attorney today.

Source:

newsweek.com/green-card-trump-admin-plans-overhaul-employer-sponsorship-rules-12160389