PERM Labor Certification: Key Things to Know
Overview of the PERM Labor Certification Process
If you’re looking to obtain a green card through your employer, understanding the PERM labor certification procedure is essential. Before sponsoring a foreign worker for a green card, an employer must obtain an authorized labor certification from the Department of Labor (DOL). This certification is obtained through the PERM (Program Electronic Review Management) process, which serves as the initial step toward securing an employer-sponsored green card.
The employer is responsible for completing the PERM labor certification process, which involves several steps to ensure that no eligible American workers are available for the position being offered to the foreign national.
What is the PERM Labor Certification?
The DOL provides a Labor Certification through the PERM system, which is required for specific employment-based green cards. Unless you qualify for the National Interest Waiver, obtaining a PERM labor certification is mandatory for the EB-2 visa and all EB-3 visas. The DOL oversees the approval of the PERM labor certification program, and without it, you cannot proceed with the visa application process.
It’s important to note that while an approved PERM labor certification is a crucial step, it does not grant legal status. It merely initiates the process of obtaining a green card. Only the EB-3 and certain EB-2 visas necessitate a PERM labor certification.
Benefits of PERM Labor Certification
Completing the PERM labor certification process offers several advantages, including:
- Hire Permanent Foreign Workers: Enables employers to sponsor foreign workers for green cards.
- Faster and Easier Process: Generally quicker than other permanent residency options.
- Expedited Pathway: Offers a relatively faster route compared to family-based green cards.
- Applicable to EB-2 and EB-3 Green Cards: Essential for securing these types of employment-based green cards.
PERM Labor Certification Requirements
To secure approval for a PERM labor certification, the following conditions must be met:
- Valid Job Offer: There must be a genuine employer-employee relationship, and the employer should have an IRS tax number, physical office space, and contact information.
- Fair Compensation: The offered pay must be equal to or above the prevailing wage as determined by the DOL.
- Recruitment Efforts: Employers must demonstrate that no qualified American workers are available for the position by:
- Posting a job order with the State Workforce Agency (SWA).
- Advertising in newspapers and other locations.
Document Requirements for PERM Labor Certification
To demonstrate eligibility for PERM labor certification, various documents may be necessary. Below is a general list of documents that may be required:
- Contract: Between the beneficiary and petitioner.
- Prevailing Wage Request: Documentation requesting the prevailing wage determination.
- Newspaper Clippings: Proof of job advertisements.
- Job Order Submission: Evidence of a job order submitted to the SWA.
Our team is available to assist you in determining which documents are necessary based on your individual circumstances.
Forms Required for PERM Labor Certification
Several forms are mandatory during the PERM labor certification process. Our team can help you fill out these forms and ensure compliance with the necessary paperwork. The required forms include:
- ETA Form 9089: Application for Permanent Labor Certification.
- ETA Form 9035: Labor Condition Application.
- Supporting Documentation: Additional documents to support the application.
Important Reminders
- Carefully select and submit sufficient documentation to avoid rejection or audit.
- Maintain all documents and forms for up to 3 years.
If you have any further questions or need assistance, please don’t hesitate to reach out to us at matif@atiflawfirm.com. We’re here to help!