4505 Las Virgenes Rd., Suite 107 | Calabasas, CA 91302 | 1-818-914-6482
How we can assist you with your PERM case
We work closely with employers and employees to structure and process individual foreign labor certifications. This type of application is known as PERM (permanent employment records management). PERM processing involves very close coordination between the employer, employee, and attorney. Our goal is to take on as much of the burden as the law allows.
The first thing that we do as part of the PERM process is gather information about the nature of the job and try to fashion a formal job description, including a statement of the employer’s actual minimum requirements. Naturally, this involves a determination as to whether the employee qualifies for second or third preference classification. Taking that consideration into account, and examining carefully the actual job requirements, we then draft a proposed final job description.
We then present this to the employer for the employer’s approval. If the employer approves our
description, we then submit a prevailing wage request with the state employment service. This is a formal requirement
for filing a PERM application. State employment services can take anywhere between one and three weeks to respond. If
the prevailing wage finding is acceptable to the employer, we can begin the recruiting process.
The DOL requires an employer to show that it has made a good faith, but unsuccessful effort to
recruit local worker for the job. To do this, the employer must undertake certain very specific forms of advertising,
including running print ads. We will assist the employer with drafting the ads and other recruiting materials. We will
provide the employer with a comprehensive recruiting plan. The employer, however, must execute the plan.
We are not permitted to become involved in any decisions as to whether prospective candidates
should or should not be hired. We can respond to questions from the employer as to legal issues, such as whether an
applicant who is a nonimmigrant foreign national (such as an H-1B or F-1) must be considered (no, they are not
considered “local workers”), but we cannot advise the employer as to whether a legitimate local worker applicant should
or should not be hired.
Once the recruiting phase is complete, generally within 60 days of the initial step, we will file the PERM application on behalf of the employer. After filing, we will continue to monitor the processing, making all necessary and appropriate inquiries until the PERM has been adjudicated.
We also prepare the complete audit file for the employer so that the employer does not have to worry about this aspect of the case.
If you have
any additional questions or require further information, please don’t hesitate to
contact us at any time.