PERM Labor Certification
Businesses hiring foreign talent and bringing them to the U.S. must obtain a PERM labor certification. However, this can be a lengthy process.
Learn about the PERM labor certification process, eligibility requirements, and the processing times to receive a PERM labor certification.
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What is a PERM Labor Certification?
The PERM labor certification is a prerequisite to many employment-based green cards in the U.S. Administered by the Department of Labor (DOL), it ensures that hiring a foreign worker for a specific job won’t negatively affect the U.S. job market.
This certification essentially certifies that:
- No U.S. workers meet the minimal requirements to fill the position.
- The proposed wage is equal to or greater than the prevailing wage for the position.
- The job opportunity aligns with fair labor practices tailored to other applicants.
Once a PERM labor certification is approved, the employer can petition via Form I-140 (Immigrant Petition for Alien Worker) with U.S. Citizenship and Immigration Services (USCIS) to bring a foreign worker to the U.S.
PERM Labor Certification Requirements
For USCIS to approve their petition, employers must demonstrate compliance with numerous requirements outlined by the Department of Labor (DOL).
1. Labor Market Test
Before hiring a foreign worker, employers must perform a labor market test to prove that no U.S. workers are qualified to fill the role. It includes advertising the job and interviewing U.S.-based applicants. DOL will deny your request if they identify any willing and minimally qualified U.S. applicants for the role.
2. Prevailing Wage Determination
The U.S. employer should request a prevailing wage determination issued by the Department of Labor. To maintain fairness in the U.S. job market, the employer should pay the employee a wage comparable to what other employers in the same geographical area pay for the same position.
3. Recruitment Report
The employer is required to demonstrate good-faith recruitment efforts and document the process. Components of a recruitment report include:
- A detailed summary of the recruitment process.
- Proof of advertisements, including copies of newspaper postings, online job board listings, and notices to current employees.
- A list of reasons for disqualifying U.S. applicants (e.g., lack of qualifications).
4. Good Faith Efforts
The employer must show that they have genuinely tried to recruit U.S. workers but were unsuccessful in finding qualified and available candidates for the position.
5. Job Offer
Employers offering a permanent, full-time U.S. job must sponsor the foreign worker for a green card and prove the role requires skills not readily available in the U.S. labor market. The job qualifications must align with the DOL’s regulations—not tailored to the foreign worker’s background but reflective of industry standards.
The worker must meet the job’s minimum requirements as defined.
6. Documentation Compliance
Detailed documentation is critical throughout the PERM certification process. Employers should maintain records of every step in the recruitment and application process since the DOL can conduct audits to ensure compliance.
For employers, eligibility depends on their ability to demonstrate the genuine need to hire foreign labor and their commitment to meet the requirements for a PERM labor certification.
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PERM Labor Certification Processing Time
The PERM labor certification processing time may depend on various factors:
- Prevailing Wage Determination: This step alone can take several months since the National Prevailing Wage Center reviews applications on a first-come, first-served basis.
- Recruitment Period: Employers must complete a mandatory recruitment period of at least 60 days to test the labor market.
- Application Review and Approval: Once the PERM application (Form ETA-9089) is submitted, it will move to the DOL for review. A straightforward application may take 6 to 8 months. Still, more complex cases or those selected for random audits can take over a year.
How can I Expedite the PERM Labor Certification Processing Time?
Unlike other immigration processes, the Department of Labor does not offer premium processing for PERM applications. However, working with an experienced lawyer can help streamline the steps, ensure compliance, and reduce errors that could delay the process.
Secure Your PERM Labor Certification with Kaur Law
If you’re looking to hire a skilled employee to work in the United States permanently, our experienced attorneys can guide you through the PERM labor certification process. With our attention to detail, we can spot errors in your PERM application and increase your chances of success. Request a consultation with Kaur Law P.C. today!
