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Our United States PERM labor certification immigration lawyers in Milwaukee, WI are committed to helping employers build successful workforces at their companies with diverse and international employees. An employment based Milwaukee immigration attorney at our Wisconsin law firm works hard to make your professional aspirations come true. Our staff is involved in the community's international organizations and speak several foreign languages. People and businesses hiring our firm will receive knowledgeable, dedicated and professional service from a team of Wisconsin immigration lawyers.
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contact our a Wisconsin lawyer in Milwaukee or Waukesha, WI. Also visit our United States immigration law resources page. We have lawyers available to help with all your other legal needs.
Milwaukee, Wisconsin based Labor Certification Immigration Attorneys
Helping Companies Build Diverse and International Workplaces
FAQ About Hiring International Workers
- There are several programs available to obtain temporary or permanent foreign labor certification. The Department of Labor has the responsibility to approve labor certifications only when it will not adversely affect job opportunities, wages, or working conditions for domestic employees. Once a foreign labor certification has been approved by the department of labor for your company then your business may file visa petitions on behalf of prospective employees.
- Permanent Labor Certification authorized issued by the Department of Labor's Employment and Training Administration (ETA) authorizes an employer to hire foreign workers for permanent employment in the United States. The prospective employer must file an Application for Permanent Employment Certification with the Department of Labor. According to the Department of Labor, to be qualified to receive a foreign labor certification the employer must:
1. Have a real, full-time, permanent job opening available to US workers.;
2. The job requirements must comply with what is normally required for that occupation in the United States, and may not be tailored specifically to foreign workers' qualifications, and is without unduly restrictive job requirements unless necessary for the business.
3. The employer must pay, at a minimum, the prevailing wage, which is the average wage paid to similarly employed workers in a specific occupation in the area of intended employment.
- Labor Certifications required for nonimmigrant employment sponsored visas, including H-1B, H1-B1, E-3, authorize foreign workers for temporary employment in the United States. Prospective employers for nonimmigrant visa beneficiaries must file a Labor Condition Application (LCA) with the Department of Labor, Employment and Training Administration.
When a labor certification is required, subject to certain exceptions for occupations where the department of labor has determined there are not sufficient U.S. workers who are able, willing, qualified, and available and for which professions hiring foreign workers will not adversely affect the wages and working conditions of similarly employed U.S. workers, the process is:
- Prior to applying for a labor certification, the employer must request and obtain a prevailing wage determination from the National Prevailing Wage Center (NPWC). The response from NPWC must be included in the permanent employment labor certification application.
- Conduct domestic employment recruitment as required by 20CFR656.17 and maintain records of the recruitment within 6 months prior to applying for a labor certification.
- Prepare a recruitment report.
- If the permanent employment labor certification is approved it will be signed by a Certifying Officer and returned to the employer/company that submitted the application.
The date the labor certification application is received by the Department of Labor is the filing date, which is the date used by the Department of State and USCIS as the priority date. According to the Department of Labor, the process can take several months after completing the necessary recruitment steps and filing the application with the National Processing Center. The Department of Labor publishes current processing times monthly. The status of PERM labor certification applications that were filed electronically can be checked online at the iCert Visa Portal System by comparing the date the application was filed to the date being processed. If the application was filed by mail or if filed electronically and more than 30 days have passed between the application filing date and current processing time shown, then the National Processing Center should be contacted for an update.
- Immigrant petitions for alien workers may be filed within 180 days of issuance of the employer's PERM labor certification.
- Labor Certifications authorizing non-immigrant foreign workers for employment sponsored H-1B and H1-B1 visas are valid for up to 3 years, while a worker can be in H1-B status for a maximum of 6 continuous years unless extended. Certifications authorizing employment sponsored E-3 visas are valid for up to 2 years but can be renewed indefinitely.
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