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? Can a relative who owns a company apply for a PERM labor certification for you? 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).

1. Applying for Labor
Certification for a Relative
Can a relative apply for PERM labor certification for an
employee?
By Shah Peerally.
www.PeerallyLaw.com
Phone (510) 742 5887

2. Washington DC Office

3. 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).

4. 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:

5. # 1 - Can the Alien influence the
decision of the labor certification?
• Is in the position to control or influence
hiring decisions regarding the job for
which labor certification is sought;

6. #2 - Relation with the company
• Is related to the corporate directors,
officers, or employees;

7. #3 – Who is the founder of the
Company?
• Was an incorporator or founder of the
company;

8. #4 – Ownership of the Company
• Has an ownership interest in the company;

9. #5 - Involvement in the Company
• Is involved in the management of the
company;

10. #6 Who is/are on the board of
directors?
• Is on the board of directors;

11. #7 – Number of employees
• Is one of a small number of employees;

12. # 8 - Qualifications
• Has qualifications for the job that are
identical to specialized or unusual job
duties and requirements stated in the
application; and

13. #9 - Necessity
• Is so inseparable from the sponsoring
employer because of his or her pervasive
presence and personal attributes that the
employer would be unlikely to continue
in operation without the alien.

14. 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.