“So You Want To Get A Green Card Through Employment.” Here are several surefire strategies that can help you achieve your goal.

The permanent labor certification process, known as PERM, is the most common employment-based way to obtain permanent resident status (“Green Card”) in the United States. The U.S. government has designed PERM to ensure that U.S. employers do not seek to sponsor and hire foreign nationals when qualified U.S. workers are ready, willing, and able to fill the position. Consequently, the process of preparing and obtaining a labor certification is often time consuming and is best completed with the help of an experienced attorney. . In order to file a labor certification application that has the best chance of success, make sure that your application meets the following criteria:

1. Make sure that the minimum requirements for the position that you are applying for meet the Department of Labor’s guidelines.

For both professional and non professional jobs, U.S. employers who wish to sponsor foreign nationals to fill a permanent position within their organization, must test the local job market to ensure that there are no available U.S. workers to fill the position. Often times, employers place their own advertisements to recruit for and meet this requirement that has been placed upon them by the U.S. government. At this stage employers frequently make one of the following two mistakes that doom a labor certification application prior to even being submitted to the U.S. Department of Labor (DOL):

• They either set the minimum requirements for the position to be too loose; or
• They set the minimum requirements to be too restrictive.

If the job requirements are set forth as too loose, the DOL will easily find U.S. job applicants who meet the minimum requirements and thus reject your foreign labor certification application. In Contrast, if the job requirements are set forth as to restrictive, the DOL will reject the petition finding that it was not truly open to U.S. workers. Therefore, employers must ensure that the minimum job requirements strike a delicate balance between too restrictive and undefined.

2. Make sure that the petitioning employer has the ability to pay the wage listed on the labor certification.

Foreign labor certification is the first step in a three part process to obtaining your employment based green card.  This is also the most important stage in the process because it sets the foundation for your entire case. What many people do not realize is the petitioning employer must prove that the company has the ability to pay the wage listed on the labor certification from the day that the labor certification is filed to the day that individual that is sponsored receives their green card. The 3 stages of the green card process can take several years to be completed. There have been instances where a labor certification has been approved and the case is denied at the immigrant visa petition (I-140) phase because the employer cannot prove the ability to pay the proffered wage listed in the approved labor certification. Employers should obtain a pre-determined prevailing wage from the Department of Labor and perform a careful analysis of their financial status prior to proceeding with an employment-based green card petition.  

3. Some individuals can skip the labor certification process.

There are a few occupations, known as “Schedule A” occupations that do not need to apply for a labor certification to apply for permanent resident status. Professional Nurses and Physical Therapists fall under this criterion. 

Allow MVP Law Group to assist you and your employer throughout this process to avoid unnecessary complications.

The process of immigrating to the United States is the most important life changing decisions that many people experience. Many people waste years of time and money trying to navigate through the U.S. immigration law without an experienced immigration attorney on their side. The aforementioned nuances are among the many intricacies of the employment-based immigration process that and experienced immigration attorney can guide you through. At the MVP Law Group, we boast an exceptionally high approval rating on all PERM based labor certification proceedings filed. We can state with confidence that we are one of the best U.S. Immigration Law Firms, but don’t just take our word for it, click on this link and see what our clients’ have to say about us. Here at the MVP Law Group, we have the knowledge and experience necessary to help you achieve your goal of obtaining a green card through employment-based immigration. Here is a list of our qualifications:

• Founded in April 2003, the MVP Law Group has five plus years of service in the field. Our knowledgeable attorney and staff have over 20 years of combined experience in immigration law.
• The Managing Attorney, Meetesh V. Patel, is a member of the American Immigration Lawyers Association (AILA) and is a recommended attorney by AILA through its LawyerSearch Service.
• As you can tell by our client testimonials, The MVP Law Group prides itself on its superior client service, high-quality work, and creative problem-solving ability.
• Through continuing legal education, the MVP Law Group’s highly trained staff of legal professionals that are always up to date with the latest trends in immigration law, statutes, regulations, case law and policy.
• We believe in keeping caseloads at a manageable size, thereby giving each client the attention and concern they deserve, and allowing our staff to prepare cases in a proactive and efficient manner.
• We provide high-quality legal services by placing a premium on flexibility, state-of-the-art research and case management technology, personal integrity and a philosophy in which the clients’ needs are paramount.

The MVP Law Group is an innovative law firm that provides immigration services to corporations, universities, hospitals, and other organizations, as well as, entrepreneurs and individuals. Because immigration law is federal in nature (i.e., no state or provincial law is involved), our firm is able to provide US business immigration services to clients located anywhere in the United States and around the world.

For more information, contact us online or call us at (240) 390-0600.