California businesses often hire non-U.S. citizen employees to fill highly specialized positions within their organization. This process has two steps. You’ll have to apply for a PERM Labor Certification. Once approved, you can file form I-140, called the Immigrant Petition for Alien Workers, to obtain the correct visa for your employee.
What is the PERM Labor Certification?
The U.S. Department of Labor’s Employment and Training Administration runs the PERM Labor Certification program to determine whether hiring a non-U.S citizen employee would prevent an equally capable American citizen from getting a similar job. Businesses can file Form 9089 to obtain a PERM certification.
Your company will have to undergo a recruitment process by advertising and attempting to hire local workers for the open position. Federal regulations also require that you must meet a list of basic conditions, including:
- The job was made available to all American workers
- The position meets or exceeds prevailing wages
- No U.S.-citizen applicants have been denied the job for any lawful reason
- No discrimination occurred
- The job is a permanent, full-time position
You must also give notice at least 30 days before submitting your application that you seek PERM Labor Certification.
Successfully obtaining PERM and a subsequent visa
Bringing a qualified applicant to the United States to work legally can be complicated because of the wealth of forms and information you must provide to the U.S. government. Immigration-based employment can benefit the business requesting the worker, along with that employee and their family. Hiring a non-U.S. citizen employee can bring about various legal issues, which is why the process is so rigorous.
Take the time to correctly fill out all documentation and have someone else review them. Having the right or complete information can ensure application processing and avoid rejection.