Lang Wallace LLC Blog

Tuesday, August 9, 2011

San Francisco Immigration Lawyer Q & A: Labor Certification Application/PERM based green card cases and U.S. labor market tests

Q: My employer wants to file a Labor Certification “PERM” based green card application for me. What are the regulations regarding advertising the position? 

A: A labor certification application is commonly referred to as “PERM” application and is submitted electronically to the U.S. Department of Labor after the U.S. employer [sponsor] performs a good faith test of the U.S. labor market. The PERM based green card process consists of three Stages: 

Stage 1: Labor certification application, ie, PERM – to Department of Labor.
Stage 2: I-140 Petition for Immigrant Worker – to the Immigration Service (US CIS).
Stage 3: Clearance for US lawful permanent residence, ie, the green card, through “adjustment of status” performed on US soil or “immigrant visa processing” performed at a US consulate abroad.

The employer must test the U.S. labor market for the position offered to the foreign national, to see if there is a U.S. worker – instead of the foreign national - qualified and available for the job. After testing the market, if there is no such worker, then the foreign national proceeds with the stages of the process. If a qualified and available U.S. worker is found, the green card process stops. Yet, the employer is not required to hire the U.S. worker who might turn up during recruitment. It just signals that the market contains qualified US workers who should be offered the job first. It does not prevent trying for the green card again.

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