- Permanent resident visas
Labor Certification (PERM): Paving the Way for Your Green Card
What is Labor Certification - PERM?
PERM labor certification, also known as Program Electronic Review Management labor certification, is a crucial step in the employment-based green card (permanent residence) process for foreign workers seeking to become lawful permanent residents of the United States.
It is part of the employment-based immigration system, and a process through which a US employer “sponsors” a foreign national. Its primary purpose is to protect the job opportunities and wages of US workers.
Read below for details of the process and possible options.
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The Labor Certification process
Altius simplifies the Labor Certification process:
1. Job Advertisement
2. Recruitment Steps
3. PERM Application
4. DOL Review
5. Labor Certification Approval
Labor Certification
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Why is Labor Certification Important?
Obtaining work certification is a crucial step in securing a green card. This demonstrates to the DOL that hiring a foreign worker will not negatively impact job opportunities, wages or working conditions for U.S. workers. By going through this process, employers show their commitment to complying with regulations and ensuring fair employment practices.
Labor certification is a rigorous process that requires employers to conduct a comprehensive recruitment campaign to attract US workers to the position. This includes advertising the job vacancy, interviewing eligible candidates and documenting the reasons for rejecting US candidates in favor of a foreign worker.
By participating in this process, employers not only demonstrate their willingness to give American workers a fair chance, but also contribute to the overall growth and development of the US economy by ensuring that foreign workers are hired only when there is a real shortage of qualified domestic candidates. In addition, the labor certification process helps maintain the integrity of the immigration system and prevents the exploitation of foreign workers by requiring employers to offer competitive wages and comply with labor laws. Overall, labor certification plays a crucial role in protecting the interests of both U.S. workers and foreign workers seeking employment opportunities in the United States.
Altius Immigration Law
The Role of Lawyers in the PERM Labor Certification Process
At Altius, we understand that PERM labor certification can be a complex and daunting process. Our team is highly experienced at filing PERM-based green card applications. We work closely with employers and foreign workers to explore whether PERM is the right option, and will ensure that the application is rigorously prepared.
1. Job Advertisement
The US employer (sponsor) must first conduct a series of recruitment efforts to test the US labor market and demonstrate that there are no qualified US workers available and willing to fill the position for which they intend to sponsor the foreign worker.
2. Recruitment Steps
The specific recruitment steps typically include advertising the job opening in various media, such as newspapers, online job boards, and internal company postings. The employer must follow the recruitment guidelines established by the U.S. Department of Labor (DOL).
3. PERM Application
After completing the recruitment process and ensuring that no qualified US workers are available for the position, the employer can submit a PERM labor certification application to the DOL. This application includes documentation of the recruitment efforts and the job requirements.
4. DOL Review
The DOL will review the PERM application to ensure that the recruitment process was conducted properly and that there is a genuine need for the foreign worker to fill the position. They will also verify that the offered wage is in line with the prevailing wage for similar positions in the area. They will also check that the salary offered is in line with the current salary for similar positions in the area.
5. Labor Certification Approval
If the DOL approves the PERM labor certification, the employer can then proceed with the next steps of the employment-based green card process, including filing an immigrant visa petition with U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker.
Labor Certification and EB-2 / EB-3 Visas
It’s important to note that the PERM labor certification process is typically required for certain employment-based green card categories, such as the EB-2 and EB-3 categories for workers with advanced degrees or skilled workers, respectively.
Why choose Altius for your Labor Certification?
- PERM Labor Certification Lawyer
Green Card through PERM Labor Certification
If you are seeking PERM Labor Certification as part of your green card application, Altius can help. Our team can assist you through the Labor Certification process, ensuring compliance with all regulations. Contact us today to schedule an appointment.