Why is it that U.S. employees have to go through such a tedious and exhausting process of immigration labor advertisement? Stats show that the U.S. employs 161.46 millions people in October 2021. Because of the huge labor market in the United States, it was necessary to establish the PERM Labor Certification to allow foreign nationals to access the U.S. labour market. International workers are considered by companies and organizations for certain job positions due to their skills and experience. However, they couldn’t find any national worker suitable for the position.
High-qualified workers can also be an asset to your company. He can bring new ideas, techniques and innovation to your desk. Additionally, he can help you reach a global audience.
Is it easy to bring foreign nationals to the U.S.
The Department of Labor (DOL), which is responsible for determining whether a foreign national can be sponsored for an employment-based greencard, requires a thorough advertising process. The immigration advertising serves another purpose: to make sure that the country has enough qualified applicants to fill the available positions.
PERM Advertising Process
An employer must conduct an immigration advertisement campaign in order to obtain the PERM Labor Certificate before he can bring a qualified and skilled international worker to his company. The first step to obtaining U.S. citizenship is to obtain a Labor Certificate from DOL.
Employers can convince the Department Of Labor by applying for permanent labor certification and completing the strict PERM Labor Certification process.
There are many activities and plans that go into running immigration advertising. You can advertise immigration labor for as long as 30 to 180 days. The DOL has the right to reject, suspend, or accept any application.
Why not go through the PERM advertising process?
It is not easy to obtain a U.S. Green Card based on a Work Visa. To ensure that the Labor Certification Form meets all requirements of the DOL, employers hire lawyers to create permanent labor certification ads.
Why do they bother to bring a foreign worker here? Sponsoring an international employee has many benefits for the company, including:
1. Your company can hire skilled workers
There are not enough people in America who have knowledge and skills in science and technology. A growing business requires staff who are skilled in certain fields, especially STEM (Science technology, engineering and mathematics).
These are the areas where the United States is short of skilled workers. U.S. companies file immigrant visa applications to fill this gap and hire highly skilled workers for their businesses.
2. Increase creativity among the workforce
To be successful, a company must have more creative ideas and suggestions. A uniform workforce of employees who have been working together for many years can lead to stagnation in their thinking.
However, the integration of foreign minds into your company can bring new ideas and perspectives to your desk. Different business cultures might have different thinking styles. This could help you increase your business’ success.
3. International trade management
Multilingual employees with staff from different countries can give your company a workforce that speaks and understands multiple languages. They can help you develop ideas for how to reach customers in their country or region. This will help you manage international trade and increase the reach of your business.
Is a labor certification required for every work visa?
Some permanent employment-based visas do not require that the employer file for a Labor Certification. Certain employment visas allow a foreign national to be granted a green card that allows them to work in the country.
We have provided a brief overview of some immigrant visas that you can use to bring foreign nationals to the U.S.
EB-1: Priority Workers
Three types of people can apply for an immigrant visa:
1. Persons with extraordinary abilities (EB-1A).
2. Outstanding researchers and professors (EB-1B).
3. Multinational executives, managers (EB-1C).
Although the country has set a maximum number of EB-1 visas for the country, these visas are not subject to an advertising campaign.
EB-2: Professionals with exceptional skills and higher qualifications
The U.S. government grants immigrant visas for professionals with advanced degrees or who possess exceptional skills and extraordinary talents, especially in the fields of science, business, and arts. To obtain an EB-2 visa, one must have PERM Labor Certification from Department Of Labor.
A National Interest Waiver (NIW) is available to foreign employees under certain conditions. Bringing people to the country with exceptional capabilities will greatly benefit the nation, as NIW can be granted.
EB-3: Skilled workers, professionals, or unskilled employees
This category is reserved for professionals with college degrees and skilled workers who have at least two years’ training. The U.S. employee sponsors any employment visa falling under the EB-3 classification and requires immigration labor advertisement under the PERM program.
Understanding Better by Choosing an Attorney
Companies and other organizations in the State should consult immigration lawyers to understand the complex process of immigrant visas. An immigrant lawyer can help you save time and energy, as well as ensuring that all documents are included in your application for the labor certificate.
They will contact newspapers and local papers to place ads and place job orders. They will manage all documents required to file an immigrant visa application.
