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Permanent Labor Certification | USCIS

Overview:

  1. What is the PERM labor certification?
  2. Why should you complete the PERM labor certification?
  3. What are the requirements for the PERM labor certification?
  4. What is the process for getting a PERM labor certification?
  5. Audits
  6. What documents are needed for a PERM labor certification?
  7. What forms are required for a PERM labor certification?
  8. PERM labor certification fees
  9. PERM labor certification processing time
  10. Conclusion

1. What is the PERM labor certification?
 The PERM (Program Electronic Review Management) system is a method for acquiring a Department of Labor certification. The first step in acquiring an employer-sponsored green card is to receive an authorized labor certification from the Department of Labor. The employer completes the PERM labor certification process, which guarantees that there aren’t any competent American employees for the job that the foreign national is being sponsored for through several recruitment methods.

Some green cards require the PERM labor certification. Unless you qualify for the National Interest Waiver, it is essential for the EB-2 Visa. All EB-3 Visas require it as well. The Department of Labor has authorized the PERM labor certification. If it is necessary, you will be unable to proceed with your visa application until it is accepted.

Please keep in mind that an accepted PERM labor certification does not constitute legal standing. It is merely the first step in obtaining a green card. Also, keep in mind that the PERM labor certification is not always necessary to obtain a green card. It is only necessary for EB-3 and some EB-2 Visas.

2. Why should you complete the PERM labor certification?
 An employer may desire to complete the PERM labor certification procedure for a variety of reasons. Here are a few examples:

You can hire a permanent foreign worker.

This is the major advantage of PERM worker certification. Once your labor certification has been accepted, you can file a Form I-140 immigration petition for permanent residence on behalf of a foreign worker. This is referred to as sponsoring the worker. Using the PERM labor certification procedure is an excellent choice if you want to recruit a foreign worker and sponsor them for a green card.

It is faster and easier than many other permanent residency options.

If you want to sponsor a foreign national, the employment-based green card via PERM labor certification is frequently a good alternative. In comparison to other methods of obtaining a green card, it is rather quick and simple.

The EB-1 green card, for example, does not need a PERM labor certification. The standards, however, are more astringent than those for EB-2 and EB-3 green cards.

Family-based petitions are another option for obtaining a green card. These are distinct from employment-based green cards in that you are sponsored by your family rather than your work. The PERM labor certification is not required for family-based green cards. Wait times for family-based green cards, on the other hand, are frequently greater than those for EB-2 and EB-3 green cards. This means that the PERM labor certification road to permanent residency is a better alternative for many people.

3. What are the requirements for the PERM labor certification?
 Several standards must be met for your PERM labor certification to be issued. They are described in greater detail below:

There must be a valid job offer.

The overseas beneficiary must have received a genuine job offer from the company. The employer must have an IRS tax identification number, a real office location, and a method to be reached. The employer and the foreign beneficiary must have an employer-employee relationship. This implies they must be able to manage the beneficiary’s employment by recruiting, paying, overseeing, and terminating them. A contract between the employer and the recipient might demonstrate a legitimate employment offer.

The beneficiary must be fairly compensated for their work.

The recipient must be fairly compensated for their effort by the employer. This implies that they must pay at least the prevailing salary. The Department of Labor determines the prevailing wage. The employer must apply to the Department of Labor for the prevailing pay. The prevailing pay, as well as the position compensation, must be disclosed on the PERM labor certification application.

There must have been attempts to recruit American workers.

You must establish that there are no qualified American employees for the task before your labor certification may be issued. You must go through a recruitment procedure to demonstrate this. This includes submitting a job ad to the State Workforce Agency. It also entails placing advertising in newspapers, shops, and other public places. More information regarding the recruiting process needs will be supplied later in this publication.

4. What is the process for getting a PERM labor certification?

The PERM labor certification procedure consists of 3 main steps:

Recruitment process

You must first make a job offer to a foreign national and then evaluate whether a PERM labor certification is necessary. Then, as part of the PERM procedure, you must confirm that there are no competent American employees for the position. During this procedure, the employer must make it known both locally and publicly that a position is available. If any competent American employees apply, they must be given preference over the foreign recipient. You must have a legitimate cause if you do not hire any of the American applicants.

The precise recruitment procedure will differ depending on whether the position is professional or nonprofessional. Professional positions need at least a bachelor’s degree or its equivalent. Jobs that do not require a degree are classified as nonprofessional. If you are uncertain, an immigration lawyer may confirm whether the work is professional or not.

Professional occupations have more stringent recruiting standards. They must first lodge a work order with the State Workforce Agency. This task order must be available for a minimum of 30 days. Second, they must advertise a job opening in a Sunday newspaper for two consecutive Sundays. One of these Sunday newspaper advertisements can be substituted by a professional journal advertisement. Furthermore, advertising must appear in at least three of the following media:

  • At a job fair
  • On the employer’s website
  • On a job search website
  • At a campus recruiting event
  • Through a trade or professional organization
  • Through a private employment firm
  • Through an employee referral program
  • In college placement offices
  • In other local or ethnic newspapers
  • On radio and/or television

Nonprofessional positions have fewer stringent standards. For at least 30 days, they must submit a job order with the State Workforce Agency. Furthermore, the employer must place an ad in two consecutive Sunday newspapers. They are not, however, compelled to conduct any further recruitment attempts.

All recruitment activities must be completed at least 30 days before the PERM application is submitted. This is done to ensure that all candidates have enough time to submit their applications. There can be no recruitment attempts performed more than 6 months (180 days) before the application. This is to check that there are no fresh applications.

Additionally, please be aware that you must keep all of your documents showing proof of the recruitment process for up to 3 years in case of an audit.

Submit Form ETA-9089

You must complete the recruitment procedure even if no qualified American workers are found. You must also guarantee that you fulfill all other PERM labor certification standards. If so, you can fill out and submit Form ETA-9089. Form ETA-9089 is the Application for Permanent Labor Certification. This document is either electronically or sent to the Department of Labor.

Submit Form I-140

Your PERM labor certification application is Form ETA-9089. If approved by the Department of Labor, the petitioning employer may file an I-140 green card petition. You may not proceed with the green card application procedure if the Department of Labor does not approve it.

Form I-140 is the Alien Worker Immigrant Petition. This document has been submitted to the U.S. Citizenship and Immigration Services (USCIS). Before the PERM labor certification expires, Form I-140 must be submitted. More information regarding Form I-140 and the remainder of the green card application may be found in our publication regarding EB-2 and EB-3 Visas.

5. Audits

Audits might be planned or unplanned. When the Department of Labor has issues with your application, it will conduct a targeted audit. These can occur as a result of errors in documentation or a failure to submit sufficient information to demonstrate that you fulfill the standards for a PERM labor certification.

The Department of Labor will examine select applicants at random to ensure that the PERM labor certification procedure is successful. There is nothing that can be done to avoid random audits. As a result, it is critical that you preserve all supporting PERM documentation on file.

If your company is chosen for an audit, you will have 30 days to provide the needed information.

6. What documents are needed for a PERM labor certification?
 Several pieces of documentation may be required to demonstrate that you fulfill the requirements for a PERM labor certification. The list of documents that may be beneficial is as follows. Please keep in mind that this is not a comprehensive list.

It is possible that applicants will not need to provide all of these. It is critical to select the relevant papers. If you do not present sufficient documentation of your eligibility, your PERM certification may be denied or audited. You should also save all paperwork for up to three years.

  • Contract between the beneficiary and the petitioner
  • Prevailing wage request
  • Newspapers with job advertisements
  • Job order submitted to the State Workforce Agency (SWA)

7. What forms are required for a PERM labor certification?
 There are many forms needed for the PERM labor certification application process. Some of these will be discussed in further detail below. Furthermore, as with any other documents, preserve copies of your papers for up to three years in case of an audit.

Form ETA-9089

Form ETA-9089 is the Application for Permanent Employment Certification. This is your application for PERM labor certification. The form will be completed by the employer and submitted to the Department of Labor. The information given will be used by the Department of Labor to decide whether the PERM labor certification should be accepted. The questions on Form ETA-9089 concern the employer, the attorney, the prevailing salary, the work, the recruiting procedure, and the beneficiary.

8. PERM labor certification fees

There is no price for filing the PERM labor certification. However, there are additional expenses involved with the EB-2/EB-3 green card application procedure (such as filing Form I-140).

Costs for actions linked with the PERM labor certification, such as legal fees or fees for putting employment advertising, photocopying, translating, or other such services, may also apply. Any expenses spent throughout the PERM labor certification application procedure are the employer’s obligation.

9. PERM labor certification processing time

The overall time it takes to approve your PERM labor certification application will be determined by several factors. Some of these considerations include the time of year you apply, your specific situation, and whether or not you are subject to an audit. PERM applications that are not submitted to an audit typically require 6 months to be certified. Audits might add a year to the processing time.

A PERM certification does not imply that you have been authorized for a green card. Following approval of the PERM labor certification, you must get your approved Form I-140 and wait for your priority date. For some foreign nationals, this procedure might take up to 20 years.

10. Conclusion

For many people, earning a PERM (Program Electronic Review Management) labor certification is the first step toward obtaining an employer-sponsored green card. The employer is responsible for completing the PERM labor certification. It assures that no qualified American workers are available for the job. It is necessary for all applicants for EB-2 and EB-3 visas (who are not eligible for an EB-2 National Interest Waiver).