HOW CAN AN EMPLOYER SPONSOR AN EMPLOYEE FOR A GREENCARD?

When an employer wants to sponsor an employee for Lawful Permanent Resident status (that is a Green Card) the employer needs the permission of the United States Department of Labor (DOL) before the employer applies to the United States Citizenship and Immigration Service, (USCIS). The USICS was formally known as the Immigration and Naturalization Service, (INS). The permission from the DOL is called LABOR CERTIFICATION.

HOW DOES THE EMPLOYER OBTAIN A LABOR CERTIFICATION?

THE EMPLOYER MUST ESTABLISH THAT A VALID EMPLOYEE/EMPLOYER RELATIONSHIP EXISTS OR THAT A VALID JOB OFFER EXISTS

If the Labor Certification is for a person who is outside the United States, proof of a valid job offer is needed. If the person is in the United States working for the employer issues of unlawful employment often arise.

THE EMPLOYER MUST DETERMINE THE MINIMUM REQUIREMENTS FOR THE JOB

The key to approval of a Labor certification by DOL is to decided what the true minimum requirements for the position are and prove to DOL that these are in fact the true minimum requirements.

DETERMINING THE PREVAILING WAGE

The salary offered must be the same as paid for similar work in the same geographic area.

WHAT HAPPENS AFTER LABOR CERTIFICATION APPROVAL?

Using the approved Labor Certification the employer files for the “green card” for the employee.

COMMON MISUNDERSTANDINGS

An approved Labor Certification is proof that there is a shortage of U.S. workers for the particular job in question. It is only the first step in the Green Card process.

It does not give permission for a foreign national to remain in the United States.

It does not “legalize” an alien’s presence in the United States

It does not grant permission to work

It does not guarantee that a Green Card will be approved.

WHAT IS PERM?

PERM is a new system initiated by the Department of Labor designed to reduce the time it takes to process a labor certification. PERM went into effect on March 28, 2005. The goal of the Department of Labor in implementing PERM was to reduce the processing time of a labor certification from approximately five years to sixty days or less. To date the Department of Labor has not had much success in processing labor certifications in sixty days or less. However, my experience has been that processing times are three to four months, a big improvement over five years.

WHAT IS THE NEXT STEP AFTER LABOR CERTIFICATION?

Once the Labor certification has been grant by the Department of Labor the employer can file for the green card for his employee with the United States Citizenship and Immigration Services.

If you have or are an alien that might qualify for this type of service, please email me click here or call my office to set up a consultation regarding your possible case at

805-604-9555.