Are you an employer looking to hire foreign talent? Or perhaps you're a skilled worker from abroad hoping to work in the United States? If so, you've probably come across the term "Labor Certification" or "PERM." Let's break down what this process means and why it's important.
What is Labor Certification (PERM)?
Labor Certification, or PERM (Program Electronic Review Management), is an important step in the U.S. immigration process for foreign employees seeking green cards through their employers. This process is essential for obtaining green cards under certain employment-based visa categories and was designed to strike a balance between allowing skilled foreign talent into the workforce and protecting American jobs.
When is Labor Certification Required?
The Labor Certification process is required for U.S. employers that want to sponsor foreign workers for a green card in the following employment-based visa categories:
- EB-2 visas (Advanced Degree Professionals)
- EB-3 visas (Skilled Workers, Professionals, and Other Workers)
It’s important to note that Labor Certification is not required for EB-1 visas or the National Interest Waiver under the EB-2 category.
The Labor Certification Process: What Employers Need to Know
If you're a U.S. employer looking to hire a foreign worker for a permanent position, here is a high-level summary of the steps involved in the Labor Certification process:
- Confirm Job Requirements: It is crucial to prepare a detailed job description and clearly defined minimum education and/or experience requirements for the permanent position being offered. The foreign employee you are sponsoring must satisfy these requirements prior to having joined the company, with limited exceptions.
- Obtain a Prevailing Wage Determination: Request a prevailing wage determination from the U.S. Department of Labor (DOL) to ensure the wage offered meets or exceeds the standard for the position and location.
- Conduct a Recruitment Campaign: Advertise the job according to the DOL’s requirements in order to show that no qualified U.S. workers are available. If a qualified U.S. worker is found and cannot be lawfully rejected, you must wait six months before restarting the PERM process, allowing time to reassess the job market and adjust criteria.
- Submit the Labor Certification Application: Prepare and submit your Application for Permanent Employment Certification (commonly referred to as the ETA Form 9089) with the DOL.
- Wait for Certification: If approved or “certified,” you can move on to the second step in the employment-based green card process - filing an immigrant petition (Form I-140) with the U.S. Citizenship and Immigration Services (USCIS).
Why is Labor Certification Important?
The Labor Certification process serves two main purposes:
- Protection of U.S. Workers: Ensures that hiring foreign talent doesn’t negatively impact job opportunities, wages, or working conditions for U.S. workers.
- Access to Global Talent: Allows U.S. employers to access global talent when needed, contributing to innovation and economic growth.
Tips for a Successful Labor Certification Process
- Work with Experienced Professionals: Mistakes in the PERM process can significantly delay an employee's green card timeline, sometimes by over a year. That's why it's crucial to hire a legal team with expertise in navigating its complexities.
- Start Early: The process is often time-consuming and includes multiple steps to ensure compliance with the DOL’s requirements. To prevent work authorization issues for employees with visa time limits, it's important to start the PERM process as early as possible.
- Documentation: Keep detailed records of all your recruitment efforts to demonstrate compliance with DOL requirements.
Conclusion
Understanding the Labor Certification (PERM) process is crucial for both employers and foreign workers navigating the U.S. immigration system. While it can be complex, it plays a vital role in balancing the needs of the U.S. labor market with the benefits of global talent.
Remember, immigration laws can be intricate and subject to change. Always consult with a qualified immigration attorney for the most up-to-date and personalized advice. Alma offers comprehensive support to streamline your immigration processes. Reach out to us at hello@tryalma.ai
