PROCEDURES IN PROCESSING PERM LABOR CERTIFICATION- OPTIONAL SPECIAL RECRUITMENT (OSR)
I. Free Evaluation
1. Initial Evaluation
a. Complete the OSR PERM Labor Certification Evaluation Questionnaire;
b. E-mail the above Questionnaire, resume, and copy of the print advertisement by the employer to Attorney for a free evaluation; and
c. Attorney e-mails an evaluation of the case.
2. Follow-Up Communications
a. Send follow-up questions to Attorney via e-mail or phone; and
b. Attorney answers follow-up questions and makes necessary clarifications.
II. Establishing Attorney-Client Relationship
1. Obtain the Attorney-Client Agreement (“Agreement”)
a. If you are interested in retaining Attorney to handle your case, notify the Attorney to get an Agreement;
b. Attorney e-mails you an Agreement; and
c. Review the Agreement and ask any questions arising from the Agreement.
2. Important Things You Need to Know Before Signing the Agreement
a. Whether your employer will sponsor your PERM Labor Certification Application;
b. The specific services covered by the agreement;
c. Whether the legal services listed include answering audits;
d. Whether extra fees will be charged for a service you need but not listed in the Agreement;
e. Whether you fully understand what Attorney has explained to you regarding the chance and the risk your case bears; and
f. If necessary, revisit the previous communications you had with Attorney and make sure each of your concerns is clarified.
3. Sign the Agreement and Pay the Initial Legal Fee
a. Sign the Agreement by an authorized representative of the employer; and
b. Mail the signed agreement along with a check payment of the initial legal fee.
4. Attorney-Client Relationship
a. Attorney receives the Agreement and payment of the initial legal fee;
b. Attorney signs the Agreement and the attorney-client relationship is established;
c. Both the employer and the beneficiary are clients;
d. Attorney mails a photocopy of the signed Agreement to the beneficiary; and
e. Under Attorney-Client relationship, Attorney is bound by professional rules and other pertinent laws, and owes a fiduciary duty to client.
III. Processing the Case
1. Document Gathering
a. Attorney e-mails a set of Questionnaires to the employer and beneficiary;
b. Employer and beneficiary complete and e-mail the Questionnaire to the Attorney;
c. Attorney provides a sample experience letter if applicable;
d. Beneficiary obtains and mails experience letter(s) to Attorney if applicable; and
e. Beneficiary e-mails copy of diploma and transcript to Attorney.
2. Draft Job Description
a. Attorney drafts the job description according to the information provided; and
b. This step will take approximately 1 week.
3. Obtain Prevailing Wage
a. Attorney will submit the necessary information to obtain a prevailing wage determination from the State Workforce Agency; and
b. This step will take approximately 2-3 weeks.
4. Notice of Filing
a. Attorney e-mails sample notice of filing, certification of posting, and instructions for posting to employer;
b. Employer modifies (if necessary) and posts the notice of filing in proper locations and in-house media;
c. Employer modifies (if necessary) and signs certification of posting, and e-mails it to Attorney;
d. Employer e-mails recruitment report by which the beneficiary was selected to Attorney; and
e. This step will take approximately 2-3 weeks.
5. Filing PERM Labor Certification
a. Attorney e-mails instructions to employer on how to register on PERM filing system;
b. Employer registers on the PERM online filing system and assign a sub-account to the Attorney;
c. Attorney completes an online PERM application and provides a copy to the employer and the beneficiary for review before filing;
d. Attorney files the PERM application upon approval from the employer and the beneficiary; and
e. This step will take approximately 2 weeks, depending on employer’s cooperation.
IV. After PERM Labor Certification is Filed
1. Employer receives e-mail notification from Department of Labor (“DOL”) to complete online questionnaire within 7 calendar days to verify sponsorship of beneficiary;
2. Employer completes the online questionnaire. Failure to complete the questionnaire on time may delay or lead to a denial of the PERM Labor Certification;
3. Attorney receives e-mail from the Department of Labor confirming the PERM Labor Certification has been received and submitted for processing;
4. If DOL agrees that the employer conducted the required recruitment and found no qualified and available U.S. workers for the position, the PERM will be certified within 45-60 days;
5. Attorney receives the certified PERM and notify the employer and beneficiary;
6. The employer mails the payment due for the legal fees upon certification (approval);
7. Attorney explains the I-140 process and mails the certified PERM to employer and beneficiary; and
8. Beneficiary notifies Attorney if he or she wishes to proceed with I-140, I-485, or both. If so, Attorney will e-mail a set of documents and relevant information.
1. If the DOL chooses to audit the petition, there is a 30-day period to respond; and
2. Attorney will request additional documents from employer, if necessary, and respond as appropriate.
VI. After PERM Labor Certification
1. I-140 Immigrant Petition
a. After PERM is certified, the next step is filing the I-140 to show the employer’s ability to pay the prevailing wage and evidence that the beneficiary possesses the required qualifications for the position; and
b. Premium Processing. This is an expedited service of 15-calendar day processing for the I-140 for $1,000 filing fee. Please ask the Attorney whether this service is available at the time of filing.
2. I-485 Adjustment of Status Application
a. Applicant (PERM beneficiary) and family members file I-485 when visa numbers are available; and
b. Applicant (PERM beneficiary) may be eligible to concurrently file I-140 and I-485 if visa numbers are current.
* You may click here to download the OSR PERM Procedure Flowchart in PDF format.