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Permanent Labor Certifications

Permanent labor certifications allow U.S. employers to hire foreign workers permanently in the United States, and it is a requirement for some categories of the business and employment-based visas. A PERM (Program Electronic Review Management) Labor Certification is the first step towards a foreign beneficiary obtaining an employment-based green card, allowing them to live and work in the country permanently. If you are a U.S. employer wishing to consult an expert PERM labor certification attorney, look no further than the Florida Immigration Law Counsel. Call 1-800-666-4996 today to speak directly with an attorney who has the knowledge and expertise required to successfully handle your case.Two categories of employment-based visas requiring the labor certification are the EB-2 and EB-3. Before an employer can file a petition for a foreign worker, they must first obtain an approved labor certification from the Department of Labor by filing ETA Form 9089.

The DOL must be able to certify to USCIS that there are not sufficient U.S. workers available who have the qualifications, willingness and availability to perform the job offered at the prevailing wage for that occupation. Furthermore, it must satisfy USCIS that the employment of the foreign worker will not adversely affect the working conditions or wages of similarly employed domestic workers.

The FL-ILC PERM Labor Certification Process

At the Florida Immigration Law Counsel, we provide services for employers seeking a PERM labor certification. Our process is:

  • We begin by collecting all the relevant information regarding the sponsoring employer and the prospective alien beneficiary
  • Review all qualifications and identify issues relating to education or job duties
  • Work with the employer to review and finalize the job description and qualification requirements
  • Assist with the PERM online filing system registration and submit necessary documentation to the National Prevailing Wage Center
  • Draft the job posting and propose advertising schedules either as newspaper advertisements or through an agent, upon the client’s consent
  • Collect and review all documents for the entire recruitment process, should the DOL conduct an audit
  • Prepare, review and submit the online PERM application with the employer and beneficiary
  • Communicate with the DOL in the case of an audit, or for any other legal issues that may arise during the application process.

Applying for a PERM Labor Certification is a very complex and time-sensitive procedure. Contact the FL-ILC should you require any assistance or representation from an experienced immigration attorney.

Frequently Asked Questions About Labor Certifications

The following are just a few of the most common questions that we answer during our initial consultations with people who are interested in being awarded a labor certification to hire permanent foreign workers.

What Is a Labor Certification?

Simply put, a labor certification is a legal document that is designed primarily to protect American workers and employment options by requiring an employer to go through an extensive process of proving that there is no worker available in the country to perform a certain task. 

According to the United States Citizenship and Immigration Services and the Department of Labor, “the labor certification process exists to protect U.S. workers and the U.S. labor market by ensuring that foreign workers seeking immigrant visa classifications are not displacing equally qualified U.S. workers.”

Will I get approved for a labor certification?

The process of applying for a labor certification is complicated and detailed, and there is no guarantee that you will be approved for your application. In fact, you will need to attempt to hire an American worker over a designated period of time before you are even able to move forward with the application process for the labor certification. 

If you are unable to find anyone who is already legally able to work in the United States who is even moderately equipped to perform the task you are hiring for, then you will be able to take the next step in the process of applying for a labor certification to hire a foreign worker. 

How long will it take to be approved for a labor certification?

The application process has multiple steps that you will need to go through before you are able to actually hire a foreign employee with a labor certification, and each process is unique. In order to get an exact idea of what you can expect, you can contact the Florida Immigration Law Counsel as soon as possible so that we can discuss your situation. Typically the application process can take a year or more, and if you must file an appeal it can take much longer. 

The general guidelines for the length of time of each step are as follows:

Step 1: Developing the job description and preparing for the recruitment process. This may take up to a month, or more.
Step 2: Request a Prevailing Wage Determination. Once you submit a request for a PWD from the Department of Labor, it may take up to four months or more before you are approved (if you are approved). 
Step 3: Recruitment. Part of the approval process is an attempt to recruit American workers for this job so that you are not taking away from American workers or the American job market. By the time this process is concluded, it could be up to 180 days or more. However, if you find someone equipped for the job at this point, you will not need to continue with the application process because you can hire the American.
Step 4: Cooling Off and Filing. Once you have concluded your recruitment efforts, you will need to complete a 30-day “cooling off” period before you can submit your application. Once filed, it can take 3-4 or more months to get a decision from the DOL.
Step 5: Decision and next steps. You will receive a decision from the Department of Labor, at which point you will either be able to move forward with your foreign hiring, are denied and decide that you will not continue the process, or you can appeal.

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Saman was referred to me 5 years ago by a family friend who had used her services and was happy with them. When I contacted her, even though she was not my attorney yet, she did not hesitate to talk to me about my case. Later, as my marriage-based case progressed and became more complicated, she was able to help us through each step successfully. Our case got approved thanks to her! Also, my parents were selected in the DV lottery but with the new immigration complications and the fact that my family comes from one of the countries on the banned list, we have been concerned. However, she has managed to help us through their case as well. We appreciate Saman’s knowledge of the system, her availability, and her patience. I feel comfortable texting her at any time to ask her questions when I don’t have the chance to call or write an email. She is on top of it and responds to all of my questions thoroughly and promptly. Would definitely recommend her! Even if you are not sure you need an attorney I would give her a call

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Having to request the services of an Immigration Lawyer is a daunting experience. Saman has the most reassuring attitude, which instantly put me at ease. She and her staff are diligent in planning the appropriate course of action and executing it without delay. She is approachable, warm, knowledgeable, direct and genuine. To me, she is the modern face of Immigration lawyers! If you are reading those reviews here, look no further. Contact her. She'll help you.

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My wife and I hired Saman to help us with a permanent residency application. My wife is a U.S citizen and I am Canadian. Right from the start she was very easy to deal with and schedule time with. I was in medical school and in the process of applying for residency. Saman was able to get me an Employment Authorization Document while awaiting my greencard, which meant that I was eligible to apply to significantly more programs because I would not require any visas. Also, during our in-person interview, the interview stated that he has been doing this for 21 years and has never seen anyone this well prepared. Because of this, we were asked very few questions and I was given my green card a week later. I would highly recommend you chose Saman for any and everything to do with immigration.

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It is with pleasure I would like to compliment the executive and legal staff of the Florida Immigration Law Counsel, for their kind, human and professional attention to our most recent process with the Government Immigration Services departments. In particular I would like to commend Saman Movassaghi on her highly detailed preparation of the process resulting in a trouble-free conclusion and the issuing of our required visas. I highly recommend the professional services of this Law Office and Saman for services related to Immigration and wish them well for the future.

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We are very pleased with the experience we had with Saman. She guided us through a very cumbersome process and made it much less stressful. With her help we were able to obtain green cards for some of our employees. We would highly recommend her!

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I am very happy to know that I was approve for my green card today thanks to her, and I love the way how she work to help me she make time and talk to me about my case and when I text she would always text me back on time and I most admit I was a little annoying but she put up with me and she did all my paperwork the right way and now I am a happy man

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If your looking for and excellent immigration lawyer look know more, Saman Movassaghi is so great in her practice she just recently got my papers for me in less then a year , I really taught it want be possible , because of simple mistakes in the pass, but if she said she can do it , I would recommend any one not to hesitate and go with her she’s is awesome with a lovely staff , I thank u so much again

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Ms. Saman Movassaghi is the smartest, nicest and most talented attorney I have ever met. She is an exceptionally great immigration lawyer. She has handled my case with confidence, efficiency, effectiveness and professionalism. As I observe, she is truly dedicated to his clients and has shown genuine interest in helping them. Her answers are always thoughtful and accurate. She and her firm treat clients with care, honesty, respect, warmth and humility. My case was not easy, but I got approved my Green Card the end day of 2019! Thus, I highly recommend her for any legal work regarding Immigration proceedings.

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Saman and her team did an amazing job combing through my problematic history with the US visa and walked me through all the way until I received the visa ! After a decade and four denials ! The documents prepared by them were thorough and I came to the interview really prepared. Thanks again for the service and attention to detail !

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Great experience with this law firm! Very generous, enthusiastic, and stuck to their word.

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Really appreciated all the work and effort they put into my application. Very knowledgeable and friendly and did everything they could to help us.

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Saman and her staff were able to assist us in what we felt to be a difficult case which took over 9 months. I want to especially thank Lianette, one of Saman's paralegals, who was continuously diligent and handled the matter with a sense of urgency as if it was a personal matter for herself. If ever needed, we will definitely return. Thank you!

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(Translated by Google) My experience with Saman as my representing attorney was exceptional. She is an extremely professional individual with a clear and focused mind and attitude. She is very knowledgeable and was quick to provide solutions to any unexpected conflicts, and was very patient throughout my entire legal process. Saman was also very reliable and responsive, as was her team at her legal firm, thanks for all you did for us !! we are a super happy customers we strongly recommend her. Our experience with lawyer Saman Movassaghi as a representative was very positive and exceptional, a human person and with a lot of dedication to his work, always pending and accessible to any concerns of his clients, a person who knows what he does very smart and eagerly to solve as difficult as the case may be, I have plenty of words of thanks in the way she and her team handled our case. With professionalism and ethics., we will be forever grateful, I recommend it with closed eyes. Thank you!! (Original) My experience with Saman as my representing attorney was exceptional. She is an extremely professional individual with a clear and focused mind and attitude. She is very knowledgeable and was quick to provide solutions to any unexpected conflicts, and was very patient throughout my entire legal process. Saman was also very reliable and responsive, as was her team at her legal firm, thanks for all you did for us!! we are a super happy customers we strongly recommend her. Nuestra experiencia con la abogada Saman Movassaghi como representante fue muy positiva y exepccional, una persona humana y con mucha dedicacion a su labor, siempre pendiente y accequible a cualquier inquietud de sus clientes, una persona que sabe lo que hace muy inteligente y con muchas ganas de solucionar por mas dificil que sea el caso, me sobran las palabras de agradecimiento en la forma como ella y su equipo llevaron nuestro caso. con profesionalismo y etica., estaremos por siempre agradecidos, la recomiendo con ojos cerrados. Gracias!!

- M Carvajal

Very friendly and knowledgeable staff. Will return if need be.

- Juan Echavarria

Saman and her team are very professional, warm and thorough. She used her vast knowledge to ensure my husband and I were well prepared for our interview. Interesting enough the immigration officer expressed how impressed he was with the packet and her knowledge— making for a smooth interview. Additionally, she is just a delight to work with and treated us with such kindness we thought we were only clients. I would recommend her services any day of the week. Can’t say thank you enough!

- Noelle Mcgeachy

If you want the best results, then Florida immigration Law Counsel is your way to go. Saman took all the time in the world to explain every detail about the Labor Cert/EB2 process plus her confidence in the process was unbelievable. She is extremely knowledgeable which automatically gave me so much confidence, because she knew what she was talking about. Saman and Lianette are super-fast to answer e-mails, are always available for calls and they explain everything in detail. Thanks to them my process had no set-backs, plus they always gave me great advise—they know their way around every situation, and their customer service is top of the line!

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Saman Movassaghi provided detailed and precise correct guidance on an immigration matter that my family and I were facing. Her communication and responsiveness is unparallel. I highly recommend hiring her to take care of all your immigration needs. I never expected her to be so in tuned with my situation and really care about the welfare of my family and I as much as she did. 5-Star Service.

- Jacob Rahamim
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