In her recent interview with César Miguel Rondón on TVV, renowned attorney Michelle Canero, recognized as one of Miami's leading immigration experts, shared key information about the permanent labor certification process in the United States.
“Labor certification is the first step for an employer to hire a foreign worker permanently. This process ensures that no U.S. citizens are available to fill the position,” Michelle explained during the conversation.
What is Labor Certification?
Labor certification is an essential process filed with the U.S. Department of Labor, allowing employers to hire foreign workers on a permanent basis.
Labor Certification Process:
Job Advertisements: The employer advertises the position to seek qualified U.S. workers.
Review by the Department of Labor: An evaluation is conducted to determine if U.S. citizens are available for the job.
Processing Time: This initial step takes approximately 7 months.
Subsequent Steps: Once approved, Form I-140 is filed to request the visa, followed by status adjustment or consular processing.
Michelle emphasized that any inconsistencies in the documents or declared work experience could lead to rejection or even allegations of fraud.
Who Qualifies for Labor Certification?
This process is designed for workers both inside and outside the U.S., including those holding temporary visas such as H-1B, E-2, or L-1.
Key Categories:
EB-2: Professionals with advanced degrees or equivalent experience.
EB-3: Professionals with a bachelor’s degree.
Skilled Workers: Technicians with at least 2 years of experience.
Unskilled Workers: Jobs requiring little or no experience.
“From engineers with advanced degrees to unskilled workers, each case is unique and requires a personalized approach,” Michelle noted.
Common Mistakes in the PERM Process
Michelle warned about frequent errors that can jeopardize the success of labor certification:
Not Hiring a Specialized Attorney: Having an expert lawyer is crucial to avoiding issues.
Inconsistent Documentation: Employment records must align with information previously declared to immigration authorities.
Fraud in Applications: Job offers must be genuine and verifiable.
Manipulated Resumes: Providing false experience can be considered fraud and have permanent consequences.
“A mistake in the process not only delays the case but can also close the door to future immigration opportunities,” Michelle affirmed.
Conclusion
The labor certification process is a critical step for many immigrants, but its complexity requires the guidance of experienced professionals.
“The key to success in this process is working with an attorney with proven expertise who can guide you at every stage,” Michelle summarized.
With her personalized approach and commitment to the immigrant community, Michelle Canero continues to make a difference, helping businesses and workers achieve their goals in the United States.
To watch the full interview, visit our YouTube Channel
Schedule a Consultation with Immigration Expert Attorney Michelle Canero
コメント