How Does My Business Qualify For PERM Labor Certification?
Not every business will qualify for a PERM labor certification, and it’s always best to consult with a labor certification lawyer before starting the certification process. The Lozano Law Firm can help you understand your business immigration options and craft a plan that helps you fill your challenging roles.
Typically, a business will qualify for PERM labor certification if it can show the following:
Job is located in the United States and is full-time
It is a legitimate job that was also available to U.S. citizens and was not tailored to a specific immigrant’s skills
Job’s compensation package meets prevailing wage standards and is not a commission or incentive-based package
Business could not find a qualified U.S. worker for the job
Business did not discriminate against U.S. workers during its hiring process
Tole is not open due to a labor dispute, strike, or walk-out
Hiring an immigrant will not harm U.S. workers’ compensation or working conditions
That your business has the financial resources to pay the immigrant worker
Does Your Business Qualify For A “National Interest Waiver”?
However, there are exceptions to the PERM labor certification process and certain businesses and employees have other business immigration options. Certain professions, such as nursing and physical therapy, do not always require labor certification. Your business might also qualify for a “national interest waiver.” Eligible businesses must show that the:
Job’s importance is readily important
Worker’s activities will benefit multiple areas of the United States
Importance of their work outweighs the need for labor certification oversight
Finally, your prospective employees might qualify for a visa due to their extraordinary ability, specialized training, or advanced education.
If you’re unsure whether your business and a specific position will qualify for PERM, request a consultation with a labor certification lawyer at The Lozano Law Firm. We can also educate you about other business immigration options, such as EB-1 and EB-2 visas. Our offices are conveniently located throughout Texas.
Lozano Law Firm - Abogados de Inmigración
5718 University Heights Blvd #104
San Antonio, TX 78249
(210) 899-2290
https://abogadolozano.com
