FAMILIAL RELATIONSHIP & PERM

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Filing a PERM Labor Certification Application for a foreign national ordinarily ends with DOL(Department Of Labor) pre-clearance. The employer must prove that there are no qualified and available workers in the U.S. This process by itself can be confusing and highly technical. However, if you have a familial relationship with the intending foreign national, the process becomes far more difficult. 

For a fact, the application is more likely to be denied when a familial relationship exists between you both. Be that as it may, the situation is not hopeless. 

Other factors play a part in determining the fate of your application. Luckily, this post holds all you need to know about the familial relationship in PERM labor certification. 

Considerations For Perm Labor Certification Application 

The PERM Labor Certification is a tool USCIS uses to safeguard the U.S. labor market. It ensures that job opportunities aren’t taken from U.S. citizens, and given to foreigners. Ultimately, it favors the employment of U.S. citizens over foreign nationals coming in with employment-based visas

PERM certification ensures that an employer cannot give a job to a foreign national if there are qualified, and available U.S. workers. In other words, U.S. labor must be considered for any job before foreign labor. 

How are U.S. citizens considered? 

The employer must fulfill a U.S. labor market test by carrying out a recruitment process. You must advertise the vacancy, and ensure the opportunity is available to U.S. workers. (This includes U.S. citizens, green card holders, and those granted refugee/asylum status.) You will also screen applicants and determine if there are any suitable workers. And this recruitment process lasts for 60 days. 

Once the process ends and you still decide to file a PERM Certification, you must prove that: 

  • You carried out a recruitment process 
  • You announced, and properly advertised the job vacancy 
  • There is a bona fide job opportunity for U.S. citizens. This means that the job opportunity has been, and is available to U.S. citizens. 
  • After the recruitment period, you did not find any available, qualified, and willing U.S. workers. 

This process already makes it hard to file a PERM Labor Certification for the foreign national of your choice. But the situation will become even harder if you have a familial relationship with the intending foreign national. 

Familial Relationship in PERM Certification Application 

Getting a PERM labor certification is a whole different bargain when you are related to the intending foreign national. Your relationship will be scrutinized, along with the foreign national’s connection to your company. 

The Certifying Officer (CO) has to be certain that the beneficiary has no influence in your company. Rightly so, because there is the possibility of partiality. 

You are more likely to give a job to your relative than anyone else, even if the said relative might be lacking certain requirements. There’s just no equality when it comes to family and outsiders. At least, that’s what the Department Of Labor believes. Hence, the DOL set up regulations to determine whether your relative has influence over the job recruitment process. 

Unlike other types of family-based immigration, the scope of “Familial Relationship” here does not refer to only your immediate family members. Rather, it refers to any family connection established by adoption, marriage, or blood. It includes all cousins, uncles, aunts, grandchildren, and grandparents. It also includes marriage relations such as step-families, and in-laws. 

Disclosing your familial relationship is the first step to gaining approval for the PERM Certification. But it is also what makes the application harder than it already is. You will find it difficult to prove that the job opportunity was fair, and not in favor of your relative. 

It will be a formidable task, but it’s not impossible. Yes, there is always a way. 

How DOL Makes Decisions When There Is a Familial Relationship 

Simply being related to your prospective foreign employee does not mean your application will be denied. The CO must consider other factors before making a decision on your application. 

The CO must consider whether or not:  

  • The foreign national has control or influence over the recruitment decisions of your company. 
  • You (the employer) made the job opportunity available to U.S. citizens first 
  • The foreign national possesses the job qualifications stated in the PERM Certification Application. 
  • The foreign national is vital to running your company. 
  • You (the employer) conducted a fair and unbiased recruitment process for the job. 
  • The foreign national is a member of the board of directors. 

The CO considers these many factors with the ultimate goal of: 

  1. Determining whether the opportunity was first made available to U.S. citizens. 
  1. Finding out whether the need for foreign labor was genuine 
  1. Determining whether your relative has any influence over your company’s operations. 

If you can prove all 3 of these, then your application will undoubtedly be approved. 

Let Us Take The Wheel! 

We realize that Fulfilling the requirements of PERM Certification for your relative is no easy task. For this reason, we at The HMA Law Firm offer you our experience! 

We have dealt with cases like this before, and we know its ins and outs. Nothing should stop you from assisting your family, even if they’re not U.S. citizens. And we are here to make sure of that! 

With convincing arguments borne of decades of experience, our attorneys will help you help your family. 

So, contact us! Tell us all about your situation, and we will provide you a solution right away! 

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