¿What is the process for permanent labor certification?

The permanent labor certification process is for foreign citizens who have a U.S. employer who is willing to hire them permanently to work in the country. There are a number of steps in the permanent labor certification process. This review discusses each step, highlighting the forms the employer must submit, the forms the foreign national must submit, and the requirements they must meet to be eligible .

What is a permanent labor certification?

A permanent labor certification is permission for a foreign citizen to work in the United States permanently. They are issued by the United States Department of Labor (DOL). The purpose of permanent labor certification is to address problems where there are no qualified American workers for a particular job. For a foreign national to receive permanent employment status , the employer must verify her plans to employ the foreign national and her willingness to pay a prevailing wage. They must also show that they made an honest attempt to hire a qualified American candidate, but there were none who applied for the position.

How the permanent labor certification process works

The permanent labor certification process can be quite extensive, and it is important to work with an experienced immigration attorney to make sure everything is done according to the rules. The permanent labor certification process involves submitting a prevailing wage determination application, testing the employer’s labor market, and filing Form 9089 with the Department of Labor. After approval , the foreign national may apply for adjustment of status.

File a Prevailing Wage Determination (PWD) Request.

The first step in the permanent labor certification process is to file a wage determination request. This must be submitted to the US Department of Labor by the employer who intends to hire the foreign national. This lets the Department of Labor know that the employer intends to pay a prevailing wage; The Department of Labor determines what constitutes a prevailing wage based on the duties of the job and the qualifications required by the job. The employer must describe the job requirements, job duties, and job location in the wage determination request, along with any other relevant information.

The businessman tests the labor market with hiring and advertising

As noted, the employer must also demonstrate that it made an effort to hire a qualified American worker and was unable to do so. After all, the purpose of permanent labor certification is to fill a role that could not be filled by a qualified and willing American applicant. There are many mandatory requirements related to the hiring and advertising stages of the permanent labor certification process.

First, the employer must place an advertisement with the state labor agency. They must also place newspaper advertisements with what is considered a major newspaper in the local area. For example, an Atlanta business may place advertisements in the Atlanta Journal-Constitution. If no qualified worker applies for this job, then the employer and the foreign national can apply for permanent employment (see below). All advertisements must be placed 180 days or less prior to submitting the permanent employment application.

File your PERM application with the Department of Labor (Form 9089)

There is a mandatory 30-day waiting period after placing ads. If no qualified and willing applicant submits an application within the 30-day period, then the employer may continue the hiring process of the foreign national by filing a PERM (permanent employment) application with the Department of Labor. This is done through Form 9089. The request includes information similar to the wage determination request. It may take several months for the Department of Labor to approve, deny, or audit the application.

The foreigner requests adjustment of status

Once the Department of Labor approves the permanent employment application, the employer must file an I-140 petition with the US Citizenship and Immigration Services (USCIS). The employer must demonstrate that the foreign national employed has the necessary qualifications for the job and that the employer can pay the wage set forth in the PERM application. Once approved, the foreign national can apply for adjustment of status (if necessary). They can also begin the process for their family members to join them in the United States.

Talk to an Immigration Lawyer at Pride Immigration

Are you looking for labor certification to work permanently in the United States? If yes, contact our experienced and professional immigration team today. We pride ourselves on helping foreign citizens obtain the appropriate visa or green card of their interest. In particular, we have experience with the PERM process and can help you (and your employer) every step of the way.