Factors that may affect PERM Labor Certification

The following factors may have an impact on the outcome of a PERM Labor Certification:

  • Employer sponsorship – even though the attorney takes care of most of the paperwork, it is necessary to have a cooperative employer, so that the attorney can obtain the right information;
  • The current U.S. economic climate might affect a PERM application because of the changes in the availability of U.S. workers
  • Shortage/surplus of job candidates within the local area;
  • It is important to have the right job qualification requirements – this is not something that can be amended after recruitment is complete, and can make a big difference in whether the PERM labor certification application is approved or denied;
  • Whether the employer has lay off within the past six months prior to the submission of PERM;
  • What the percentage of foreign workers to U.S. workers is for the employer’s workforce (note that U.S. worker simply means anyone with a green card or U.S. citizenship, or other permanent or semi-permanent status in the U.S.);
  • The wage being offered- this is not something that can be amended after recruitment is complete, and can make a big difference in whether the PERM labor certification application is approved or denied.

We highly recommend retaining legal representation because of the many nuances in filing a PERM labor certification application. Employers are allowed to have attorneys represent them in the PERM labor certification application process, and often do, because it is so complex.

If you were to retain Z&A as your attorneys, we would instruct and advise you during the entire process and prepare the many necessary documents, applications, and forms. Although we cannot interview your employees or make decisions for you, we can help you prepare the recruitment report. Also, although the employer must make his own PERM online account, he can create a sub-account for his attorney, and we can prepare and submit application forms through the sub-account.

It is important to know that only employers are allowed to pay the attorney for legal services. The foreign national employee beneficiary cannot pay the attorney or reimburse his employer.

PERM labor certification is an extremely complicated procedure and time-sensitive. We recommend that you consult with an experienced and responsible immigration attorney. We have successfully represented many PERM cases. If you would like to contact us, please telephone us at (713) 771-8433 or visit us at one of our six locations. You can also contact us conveniently online by emailing us at info@hooyou.com. Our attorneys will use their experience, expertise, and teamwork to ensure the highest quality of service.

For more information on PERM labor certification, please refer to the following links: