immigration lawyer practice areas Practice Areas side appointment
practice areas Practice Areas side visa eval
practice areas Practice Areas c2cnew
immigration status practice areas Practice Areas side case
practice areas Practice Areas side avvo

practice areas Practice Areas side fbpractice areas Practice Areas side twpractice areas Practice Areas side inpractice areas Practice Areas you side

PERM Labor Certification

Labor Certification is a critical step in the U.S. employment-based immigration process. Many individuals aspire to work and reside in the United States. As a U.S. employer seeking to sponsor an overseas worker, it is imperative that you acquire a labor certification from the Department of Labor (DOL). This procedure guarantees equitable consideration for skilled American employees while safeguarding their compensation and job conditions.

Securing a U.S. job offer is exciting, but for foreign workers, the path to permanent residence often goes through Labor Certification. This ensures a fair shot for U.S. workers while allowing employers to sponsor skilled immigrants.

Requirements for Labor Certification

Here are key criteria that must be met to qualify for labor certification for the employers, the job, and the foreign workers.

  1. The sponsoring employer must be a legitimate U.S.-based entity with a valid Employer Identification Number (EIN).
  2. The job opportunity being offered to the foreign worker must be for a permanent, full-time position.
  3. Clearly outline the requirements, duties, and responsibilities of the position.
  4. The employer must demonstrate the financial ability to pay the prevailing wage for the position.
  5. The job offer must be open and available to U.S. workers. However, there are not enough U.S. citizen workers who want the job and are qualified to do it.
  6. Must be non-discriminatory and cannot favor foreign workers over U.S. workers.
  7. The job’s wage must meet or exceed the prevailing wage for the specific occupation in the geographic area where the job will be performed.
  8. The foreign worker must possess the necessary qualifications for the job, as stated in the job description.
  9. Hiring a non-citizen worker will not negatively affect the pay and working conditions of U.S. citizen workers in similar jobs.
  10. The foreign worker must be eligible to adjust their immigration status based on the job offer.

PERM (Program Electronic Review Management)

The Department of Labor utilizes a system called PERM (Program Electronic Review Management) to manage labor certification applications. PERM is designed to streamline and standardize the application process for employers seeking to hire foreign workers for permanent positions in the United States. PERM ensures that the employment of foreign workers does not adversely affect the job opportunities, wages, and working conditions of U.S. workers.

PERM Features

  1. PERM applications are filed electronically through the DOL’s online portal.
  2. Employers must complete the ETA Form 9089. This form collects details about the employer, the job opportunity, recruitment efforts, and the foreign worker.
  3. PERM outlines specific recruitment steps that employers must follow to test the U.S. labor market.
  4. Employers must obtain a prevailing wage determination from the National Prevailing Wage Center (NPWC) before filing a PERM application.
  5. The DOL may audit PERM applications to verify compliance with labor certification requirements.

Benefits of the PERM System

The PERM system offers several benefits to both employers and the overall labor market:

  • The procedure reduces processing times, enabling employers to fill critical positions more quickly.
  • It ensures greater transparency and fairness in the labor certification process.
  • It helps protect U.S. workers by ensuring that foreign workers are not hired at the expense of domestic job opportunities and working conditions.

PERM Process

The PERM process ensures that the hiring of foreign workers does not adversely affect the job opportunities, wages, and working conditions of U.S. workers. Here are the various steps involved in the PERM process:

  • Employers must obtain a prevailing wage determination by submitting a request to the NPWC using the ETA Form 9141.
  • Employers must engage in a rigorous recruitment process to test the U.S. labor market.
  • Once the pre-filing recruitment is complete and no suitable U.S. candidate has been found, the employer can file the ETA Form 9089, Application for Permanent Employment Certification.
  • The DOL will review and process the PERM application.
  • In some cases, the DOL may issue an audit or request additional information.

Employers should be prepared for potential delays and factor in time for possible audits. The PERM process can take several months from the initial recruitment phase to certification by the DOL.

Contact CFUIS – PERM Labor Certification Attorney

The labor certification process can be complex and involve specific forms and procedures. CFUIS understands the difficulties of PERM and can guide you through each step:

  • Application Assistance: We will be your guide in filling out the application forms and ensure all necessary documentation is included.
  • Compliance Expertise: We stay current on DOL regulations to ensure your application meets all legal requirements.
  • Streamlined Process: We will work efficiently to minimize delays and keep you informed throughout the process.

Don’t go through the labor certification process alone. CFUIS’s expertise can help you secure the authorization you need to sponsor your foreign worker. Contact us today for a consultation!

Call us at 813-298-7222, email us, fill out our contact form, or schedule an appointment.