Washington, D.C. PERM Process Attorney Helps Employers Obtain Authorizations for Foreign Workers
Experienced immigration lawyer assists business clients
The federal government imposes certain rules and limits on businesses seeking to employ foreign workers. These regulations are intended to maintain a strong job market and competitive wages for American workers. For example, the U.S. Department of Labor (DOL) requires employers to successfully complete what is known as the PERM process before hiring an employee from another country. Located in Washington, D.C., Morris H. Deutsch, Immigration Attorney and Advisor understands this process thoroughly and helps businesses successfully negotiate these complicated requirements.
Employers’ requirements under the PERM process
PERM stands for Program Electronic Review Management. This process sets forth steps that an employer must take to prove that no qualified U.S. citizen is available to accept a given position and that the employer will pay the prevailing wage to a foreign national. These steps are:
- Obtaining a prevailing wage determination (PWD) — The employer submits information about the job offer, including the worksite location and job duties, to the U.S. Department of Labor (DOL), which issues the PWD, stating the salary that must be paid for that job.
- Placement of job recruitment ads — A business must show that it made a good faith effort to recruit U.S. citizens by posting the job with the state workforce agency and advertising in newspapers circulating where the jobsite is located. If the job requires at least a bachelor’s degree, the employer must also post a notice of the job opportunity at the worksite.
- Filing ETA Form 9089 — After the employer completes the recruitment process, it must file ETA Form 9089 with the DOL. This document includes information on the job, the recruitment process and the foreign worker.
The DOL will either approve or deny the Form 9089. You might also be asked for additional information before a decision. If your request is denied, you may not hire the foreign worker. Mr. Deutsch guides employers through every step of this process and other types of business immigration matters, increasing the likelihood of a successful outcome.
PERM process timelines
Once an employer receives the PWD, it may place the requisite job recruitment ads. Form 9089 must be filed no more than 180 days after the first ad and at least 30 days after the last ad. The DOL may then take months to reach a decision on whether or not to approve the requested employment authorization. Mr. Deutsch will help you keep the process on track and work to minimize delays with careful work.
How an experienced immigration attorney can help
The complicated PERM process requires careful preparation of the necessary documents, strict adherence to the advertisement requirements and familiarity with DOL procedures. It’s easy to make an error that will prevent your company from hiring the employee you need. An attentive immigration lawyer by your side will help you navigate the necessary steps.
Appeals of adverse PERM determinations
If the Labor Department reviewers make a mistake on your PWD or wrongfully deny your request under ETA Form 9089, you may seek reconsideration from the certifying officer who issued the denial, explaining the reasons why the decision was wrong. If that fails, you may appeal to the Board of Alien Labor Certification Appeals, which usually renders a decision approximately 17-21 days after it receives your appeal. Mr. Deutsch will take care of filing and handling your request for reconsideration and appeal for you, making the strongest possible argument supporting your position.
Contact an accomplished Washington, D.C. lawyer to discuss the PERM process
Morris H. Deutsch, Immigration Attorney and Advisor assists clients seeking PERM process initial approvals and reversals on appeal. Call our Washington, D.C. office at 202-728-0820 or contact us online to schedule an appointment.