Employer Responsibilites under PERM
By Paul Parsons
A foreign national cannot force an employer to sponsor him/her for a "PERM labor certification" which is the first step that the vast majority of foreign nationals need towards seeking permanent resident "green card" status. This is a test of the labor market with the U.S. Department of Labor. The employer must undertake six recruitment steps and convince the DOL that there was not a qualified, available U.S. worker for the position in order to obtain a PERM labor certification.
About two years ago the DOL issued new regulations which absolutely prohibit a foreign national from paying any legal fees or recruitment costs (such as for the required classified ads in newspapers). An employer who wishes to seek a PERM labor certification must pay any legal fees and recruitment costs so that the foreign national does not adversely influence the employer's consideration of U.S. applicants.
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The law offices of Paul Parsons specialize solely in U.S. immigration and nationality law, including H-1, H-4, K-1, K-2, K-3, K-4, L-1A, L-1B, E-2, V and Trade NAFTA (TN) non-immigrant visas, labor certifications (PERM), national interest waivers, priority worker visas, family-based cases, adjustment of status, consular processing, citizenship, and naturalization.
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