applying for labor certification for a relative

Applying for Labor Certification for a RelativeCan a relative apply for PERM labor certification for an

employee?By Shah Peerally.

www.PeerallyLaw.comPhone (510) 742 5887

Washington DC Office

Can an employer who is a relative of an alien apply for a PERM labor?• A very frequently asked question is whether a company/business

can file for a PERM labor certification for a relative such as a brother, a sister, a cousin or any other relative?

• The answer is yes, provided the company meets the requirements of 20 C.F.R. § 656.10(c)(8) provides that an employer must attest that “[t]he job opportunity has been and is clearly open to any U.S. worker.” If an employer is a closely held corporation, partnership, or sole proprietorship, a presumption arises that the job is not clearly open to U.S. workers when the sponsored alien has a familial relationship with the owners, stockholders, partners, corporate officers, or incorporators of the employer. See Transmark Real Estate, 2011-PER-00475 (June 8, 2012); see also 20 C.F.R. § 656.17(l).

20 C.F.R. § 656.17(l)

• The regulation at 20 C.F.R. § 656.17(l) provides:

• In order to determine whether a bona fide job opportunity exists, the Board must weigh the totality of the circumstances, considering, among other factors, whether the alien:

# 1 - Can the Alien influence the decision of the labor certification?

•  Is in the position to control or influence hiring decisions regarding the job forwhich labor certification is sought;

#2 - Relation with the company

• Is related to the corporate directors, officers, or employees;

#3 – Who is the founder of the Company?

• Was an incorporator or founder of the company;

#4 – Ownership of the Company

• Has an ownership interest in the company;

#5 - Involvement in the Company

•  Is involved in the management of the company;

#6 Who is/are on the board of directors?

• Is on the board of directors;

#7 – Number of employees

• Is one of a small number of employees;

# 8 - Qualifications

• Has qualifications for the job that are identical to specialized or unusual job duties and requirements stated in the application; and

#9 - Necessity

•  Is so inseparable from the sponsoring employer because of his or her pervasivepresence and personal attributes that the employer would be unlikely to continuein operation without the alien.

Important• Information provided on this slide is purely educational. You should not act

or refrain to act solely on the information provided. Visit www.peerallylaw.com or call (510) 7425887.

• Shah Peerally, founder of the Shah Peerally Law Group PC, is an attorney licensed in California. Shah practices immigration law and debt settlement. Under his guidance, the Peerally Law Group has represented clients from all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement (ICE) and Customs Border Patrol (CBP) under the Department of Homeland Security (DHS). Over the years, the Shah Peerally name has stood for excellence and dedication in the field of law, rated 10 out of 10 on the award winning legal site Avvo.com. His work has been featured by media houses like San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, and Movers & Shakers amongst many other International names. Mr. Peerally and his work have even been highly spoken of by Congress women Nancy Pelosi and Barbara Lee.