In most instances, before a U.S. employer can submit an immigration petition to the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS), the employer must obtain a certified labor certification application from the DOL's Employment and Training Administration (ETA).
The DOL must certify to the USCIS that there are not sufficient qualified U.S. workers willing to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
The Program Electronic Review Management (PERM) is the system used for obtaining Labor Certification. A successful PERM labor certification demonstrates to the DOL that (1) the employer intends to pay the appropriate prevailing wage for the position in the geographical area, and (2) hiring a foreign national worker to fill the position will not adversely impact the U.S. labor market by displacing U.S. workers. After the Labor Certification is approved by the DOL, an Immigrant Petition should be filed with the USCIS within 180-days.
The Basic Steps for a Labor Certification are:
The employer must define the duties and minimum requirements for the position. This involves giving a detailed explanation of the required experience, education, and skills to perform the duties.
The employer must first file a prevailing wage request to determine how much the beneficiary should be paid based on the job location and economic environment.
The employer must then go through an extensive recruitment process. This involves posting multiple advertisements in a variety of locations and interviewing potential U.S. workers who apply.
Finally, the employer files the ETA-9089 form with the DOL.
The PERM process involves a set of technical, expensive, and highly time-consuming steps in combination with strict deadlines and complex strategies. An experienced immigration lawyer will guide you through the detailed process of obtaining a Labor Certification.
For a Free Consultation, contact a team member at Law Group International and learn more about the process of obtaining a Labor Certification.