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REPRESENTING CLIENTS IN ALL 50 STATES AND OUTLYING TERRITORIES OF THE UNITED STATES

Immigration and Nationality Law

LAW OFFICE OF

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(909) 378-0318


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Carlo Franco L. Borja is a licensed attorney in California and is authorized to represent clients in immigration matters nationwide. Based in Southern California, the immigration law firm serves clients mainly in Los Angeles County, Orange County, San Bernardino County and Riverside County including, but not limited to: Agoura Hills, Alhambra, Arcadia, Artesia, Avalon, Azusa, Baldwin Park, Bell Gardens, Bellflower, Beverly Hills, Burbank, Calabasas, Carson, Cerritos, Claremont, Commerce, Culver City, Diamond Bar, Downey, Duarte, Eagle Rock, El Monte, El Segundo, Gardena, Glendale, Glendora, Hawaiian Gardens, Hawthorne, Huntington Park, Industry, Inglewood, Irwindale, La Habra, La Mirada, La Puente, La Verne, Lakewood, Lancaster, Lawndale, Long Beach, Los Angeles, Lynwood, Malibu, Manhattan Beach, Monrovia, Montebello, Monterey Park, Norwalk, Palmdale, Palos Verdes, Paramount, Pasadena, Pico Rivera, Pomona, Redondo Beach, Rosemead, San Dimas, San Fernando, San Gabriel, San Marino, Santa Clarita, Santa Fe Springs, Santa Monica, Temple City, Torrance, Vernon, Walnut, West Covina, Hollywood, Westlake Village, Whittier, Anaheim, Brea, Buena Park, Costa Mesa, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Laguna Beach, Laguna Niguel, Mission Viejo, Newport Beach, Orange, Santa Ana, Stanton, Tustin, Westminster, Adelanto, Chino, Chino Hills, Colton, Fontana, Hesperia, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Rialto, San Bernardino, Upland, Victorville, Corona, Eastvale, Hemet, Indio, Lake Elsinore, Menifee, Moreno Valley. Murrieta, Norco, Perris, Palm Springs, Riverside, Temecula and surrounding areas. Filipino Immigration lawyer representing clients in all US states: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Wisconsin, Wyoming. 
PERM Labor Certification
Program Electronic Review Management (PERM) is an electronic system for filing a Labor Certification Application. Labor certification is a process by which a U.S. employer establishes to the Department of Labor that there are no sufficient United States workers who are able, willing, qualified and available to take on the position offered to the foreign national.  An approved PERM is a prerequisite to filing certain employment-based immigrant petitions such as I-140 immigrant petitions for EB2 advanced degree professionals (except national interest waiver and exceptional ability petitions) and for EB3
professionals, skilled workers and other workers. For Schedule A (nurses and physical therapists) petitions, the PERM form is submitted directly to USCIS together with the I-140 petition.
 
As part of the PERM process, a prevailing wage determination for the offered position must first be requested with the Department of Labor. The employer will then need to perform mandatory pre-filing recruitment steps which include:


  1. Running 2 consecutive Sunday newspaper advertisements in the area of intended employment
  2. Posting a notice regarding the filing of a labor certification application at the work location
  3. Posting a 30-day job order with the State Workforce Agency

For professional positions listed under Appendix A to the Preamble of the Final PERM Regulations, 3 additional recruitment steps from any of the following should also be performed:


  1. Job fairs
  2. Employer’s website
  3. Job search website other than that of the employer’s
  4. On-campus recruiting
  5. Trade of professional organization
  6. Private employment firms
  7. Employee referral program with incentives
  8. Campus placement offices
  9. Local and ethnic newspapers
  10. Radio and television

The employer will need to interview the applicants for the position and prepare a report summarizing its recruitment efforts.

Recruitment must take place between 30 and 180 days prior to filing. However, for the professional position recruitment, one out of the three additional steps may take place within 30 days of the filing of the labor certification application.

 

The requirements for the PERM process are very technical since there are certain verbiage for the ads and timing requirements that must be strictly followed.  Therefore, it is highly advisable to seek assistance from an attorney who is highly experienced in the procedure. 

Attorney Borja has successfully assisted several employers obtain PERM approvals required for EB2 and EB3 immigrant petitions so if you are an employer who intends to sponsor a foreign national for an employment-based green card, feel free to contact the Law Office of Carlo Borja so we can assist you throughout the PERM process.