Why do U.S employees go through the extensive and tiresome immigration labor advertising process? According to stats, the U.S. has a labor force that amounts to 161.46 million people as of October 2021. With such an enormous labor market, there was a need to create the PERM Labor Certification allowing foreign nationals to enter the U.S. labor market. Companies and organizations consider international workers for specific job positions because of their qualifications, skills, experience, and they could not find any national worker fit for that particular position.
Moreover, allowing highly qualified workers to be a part of your organization brings many benefits to the overall company. Not only does he bring more ideas, techniques, and innovation to the desk, but he can also make your business reach a global market.
Is it Easy to Bring Foreign Nationals to the U.S?
Sponsoring a foreign national for an employment-based green card involves a comprehensive advertising process demanded by The Department of Labor (DOL) which convinces the DOL that no U.S. citizen qualifies for the available position. Another reason for the immigration advertising is to create a wide net over the country, providing sufficient opportunity for the qualified national to grab the job.
PERM Advertising Process
Before an employer can bring a skilled and qualified international person to his business, he must carry out the immigration advertising campaign to get the PERM Labor Certificate. Acquiring a Labor Certificate from the DOL is the foremost step in getting U.S. citizenship.
By applying for permanent labor certification ads and carrying out the rigid PERM Labor Certification process, an employer convinces the Department Of Labor that the foreigner will not in any way replace a U.S. applicant from the job under discussion.
Running immigration advertising involves a series of activities and recruitment plans. The immigration labor advertising can run from 30-180 days. And DOL reserves the complete right to accept, suspend or reject the application.
So Why Go Through the PERM Advertising Process?
The laws related to getting a U.S. green card based on a work visa are quite complicatedly knotted. Employers hire attorneys for creating permanent labor certification ads to ensure the Labor Certification Form contains all the requirements demanded by the DOL.
So, why do they bother so much to bring a foreign worker to the States? Sponsoring an international employee brings a lot of benefits to the company in general, including:
1. You get skilled workers for your company:
The U.S. workforce lacks individuals having knowledge and expertise in the field of technology and science. The growing business demands staff with skills in specific fields, particularly STEM (Science, technology, engineering, and mathematics).
Whereas the United States lacks sufficient talented individuals in these particular fields. U.S companies submit immigrant visa requests to bridge this gap and get highly competent workers to their business.
2. Boost the creativity of the workforce:
A company needs more innovative ideas and suggestions to reach success. Having a uniform workforce with employees working in the same ecosystem for multiple years may bring their minds to a standstill situation.
However, integrating foreign minds into your business brings innovative ideas and distinct perspectives to the desk. The employees working in different business cultures may have a completely different philosophy. This change in thinking behavior could boost the success of your business.
3. Manage international trade
A multilingual staff with employees from different countries gives your company a workforce containing individuals who speak and understand multiple languages. They can improvise your ideas on how to better reach customers within their specific country or region. This helps you manage your international trade and enhance the horizon of your business.
Does Every Work Visa Require a Labor Certification?
Not all permanent employment-based immigration visas require the employer to file for a PERM Labor Certification. Specific employment visas make a foreign national eligible for a green card and allow them to work within the country.
Here we have laid out a quick review of certain immigrant visas you can use to bring a foreign national to the U.S.
EB-1: Priority Workers
The immigrant visa is available for three sorts of persons including:
- Persons having an extraordinary ability (EB-1A)
- Outstanding professors and researchers (EB-1B)
- Multinational executives and managers (EB-1C)
The country has imposed a limit on issuing EB-1 visas, but these types of immigrant visas do not particularly demand an immigration advertising campaign.
EB-2: For professionals with exceptional skills and higher qualification
The government of the U.S. grants immigrant visas to professionals having an advanced degree or someone who possesses exceptional skills and remarkable talents, particularly in the field of science, arts, and business. EB-2 visa required an individual to secure PERM Labor Certification from the Department Of Labor.
There are some conditions where a foreign employee can qualify for a National Interest Waiver (NIW). NIW is granted to those with extraordinary capabilities, and bringing them to the country will significantly benefit the nation.
EB-3: For skilled workers, professionals, and unskilled employees
This category is for skilled workers with at least two years of training and professionals with a college degree. Any employment visa that falls under the EB-3 category is sponsored by the U.S. employee and needs immigration labor advertising held under the PERM program.
Choosing an Attorney will help you Understand Better
Understanding the intricate process of immigrant visas and undergoing the process of PERM advertising without any errors, companies and organizations within the State consult immigrant lawyers. Having an immigrant lawyer handling your PERM process saves your time, energy while also ensuring that the application for the PERM labor certificate is submitted with all the proper documents.
They will place job orders, contact local and national newspapers to place ads, and reach the media on behalf of the employer. They will also manage all the documents necessary to file a successful immigrant form.