The PERM labor certification process is almost more of a mess than immigration reform. Many of the mandatory requirements do not make sense.
Even trying to wade your way through the PERM labor certification process is guaranteed to create a major headache, largely because nothing seems to be consistent. Given the mess the whole immigration system is in, this might not come as much of a surprise to anymore. It is almost a miracle that anyone gets hired using this process.
One has to wonder who thought up the requirements for this process, which include running two ads in Sunday newspapers with a general circulation, running two ads in a Sunday newspaper in local/ethnic newspapers, running AM/FM radio ads, posting online to job boards, taking out ads in trade journals, running employer website job postings, registering the employer at the State Workforce Authority for 30 days and so on. It is said that PERM labor certification ad placement is critical, but looking at a flow chart, which attempts to explain the process, one wonders how anyone gets hired.
It’s not just the various steps that need to be taken to get things in order, line up the right documents, create and place the right ads or even make sure the regulations are met. More often than not, the PERM process is about attempting to be in compliance with Department of Labor rules and regulations. That is virtually impossible, as they seem to change from day to day and from case to case. It’s no wonder immigrants need a knowledgeable immigration lawyer to help them make sense of the mishmash. Anytime a flow chart has to be drawn up to try and explain what happens, you know the process is cumbersome and ineffective, not to mention filled with pitfalls along the way.
To see an example of a PERM flow chart outlining an incredibly circuitous and almost baffling route to get a green card in the U.S. by going the EB-3 route, visit: http://perm-ads.com/wp-content/uploads/2011/03/PERM-Process-Flow-Chart.jpg
This is a process that defies all logic and may also create an untenable situation where you may get PERM Labor Certification approved by the Department of Labor, but the U.S. Customs and Immigration Service will not approve the I-140 petition. These are two separate processes, which makes no sense, other than it provides someone with a job.
The bottom line here is that if you need PERM Labor Certification, your best bet is to consult with an experienced immigration lawyer to find out what you need, what you don’t need, when you need it, where it goes and what forms you need to fill out when. It’s confusing, but the immigration lawyer deals with issues like this daily and can help you get on track.
A. Banerjee is a Houston immigration lawyer in Texas. Before selecting an immigration lawyer in Houston Texas, contact the Law Offices of Annie Banerjee by visiting their information filled web site at http://www.visatous.com.