From my understanding in PERM process, my business has to sponsor the foreign worker before he can enter U.S. to work for me. What documents do I need to gather from my business to sponsor a foreign laborer?
I don't mean to be flippant because I think there is a lot of helpful advice on AVVO. But this is an area that is highly specific to the needs of the employer and very complex. Anyone attempting to do this without an experienced attorney is making the same mistake as someone trying to do their own root canal. Get someone who knows exactly what they're doing, understand it's going to cost $$$, understand there will be a protracted delay, but get the facts first.
The PERM process does not require a lot of documentation. This is the first of a 3-step process which includes: (a) PERM, (b) I-140 employment based petition, and (c) consular processing if the foreign worker is still abroad (or adjustment of status if the person is in the U.S. and qualified to adjust status). Before embarking on the PERM stage, you have to make sure that all the documentary evidence needed to steer the case to completion can be met.
For starters, you must have an idea of the type of position/tasks and wages that you plan to offer to the foreign worker, as well as the qualififcations for the position. You must have the financial ability to pay the wages, which must comply with US Department of Labor regulations, as of the date the PERM process commences. You must attempt to recruit local workers (a rather complicated process) and see to it that local workers were given a chance to apply for the position.
While PERM is all about the employer, you don't want to surprised in the middle of the process to find out that the worker cannot meet the requirements for the position. As such, it is important to have all the basic documents needed to complete the entre process which could span many years depending on visa availability. Note that there are non-immigrant visas allowing dual intent that the foreign worker might be able to avail of to come here and work for you legally while the employment-based immigration process is being worked on to fruition.
You will definitely need a lawyer to help you through this complex process.
Get free answers from experienced attorneys.
25,541 answers this week
2,680 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary