PERM Labor Certification Explained for Employers Sponsoring Foreign Workers
PERM Labor Certification Explained for Employers Sponsoring Foreign Workers
The PERM (Program Electronic Review Management) labor certification is a critical first step for many U.S. employers seeking to sponsor foreign workers for permanent residency in the United States. This program, overseen by the U.S. Department of Labor (DOL), helps ensure that qualified U.S. workers are noticed when a job opportunity is offered to a foreign national.
What is PERM Labor Certification?
A PERM labor certification verifies that a U.S. employer has explored all reasonable options to fill a job opening with a qualified U.S. worker before sponsoring a foreign worker for a green card. The DOL reviews the employer's recruitment efforts and prevailing wage determination to confirm:
- No qualified U.S. workers are available: The employer has made a good-faith effort to recruit U.S. workers through various channels and has yet to find a suitable candidate.
- Wages offered are not adversely affecting U.S. workers: The salary offered to the foreign worker meets or exceeds the prevailing wage for the specific job in the area of intended employment.
Who Needs PERM Labor Certification?
PERM labor certification is typically required for employers sponsoring foreign workers through certain employment-based green card categories, including:
- EB-2: Professionals with Advanced Degrees or Exceptional Ability (unless qualifying for a National Interest Waiver)
- EB-3: Skilled Workers and Professionals
PERM Labor Certification Process
The PERM process generally involves the following steps:
- Prevailing Wage Determination: The employer requests a prevailing wage determination from the DOL. This establishes the minimum wage that must be offered for the specific job in the intended location.
- Recruitment Efforts: The employer conducts good faith recruitment efforts to attract U.S. workers. This may involve advertising the position in various channels, such as newspapers, professional journals, and online job boards. The employer must document these efforts for the DOL.
- Application Filing: The employer electronically files Form ETA-9089, Application for Permanent Employment Certification, with the DOL through the PERM system.
- DOL Review and Audit: The DOL reviews the application to ensure it meets all requirements. There's a chance of being selected for an audit, which may require additional documentation.
- Certification or Denial: If approved, the DOL will issue a certified labor certification. If denied, the employer has the right to appeal the decision.
Latest Updates and Considerations
As of April 16, 2024, there haven't been any major legislative changes to the PERM program. However, it's advisable to stay updated on any potential processing delays or USCIS policy memorandums that might affect processing times or requirements.
Benefits of PERM Labor Certification
Obtaining a PERM labor certification strengthens an employer-sponsored green card application by demonstrating a good faith effort to recruit U.S. workers. This can expedite the overall green card processing time.
Visa Companion recommends consulting with an immigration attorney to determine if PERM labor certification is required for your specific situation and to navigate the application process.
Additional Resources:
- U.S. Department of Labor PERM Labor Certification: https://www.dol.gov/agencies/eta/foreign-labor/programs/permanent
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