1. What is the PERM Labor Certification process?

The PERM Labor Certification process is a system used by the U.S. Department of Labor to evaluate the qualifications of foreign workers who are seeking permanent employment in the United States. The process starts with an employer filing a Labor Condition Application (LCA) on behalf of a foreign worker with the Department of Labor. The LCA includes details about the job and wages offered to the prospective employee. The LCA is then advertised to U.S. workers for 30 days to determine if there are any U.S. workers who could be hired for the position. If there are no qualified applicants, the employer can file an application with the Department of Labor seeking a Permanent Labor Certification (PERM). The PERM application is reviewed by the Department of Labor to ensure that the employer has complied with all of the regulations governing labor certification and that no qualified U.S. workers were available for the position. If approved, the labor certification is valid for up to six years and can be used to apply for permanent residence in the United States.

2. What does PERM mean in the context of immigration?

PERM stands for Program Electronic Review Management. It is the U.S. Department of Labor’s online system used to apply for permanent labor certification for foreign workers.

3. How long does the PERM Labor Certification Process usually take?

The length of the PERM Labor Certification Process can vary greatly depending on the individual case and can range from a few months to several years. Generally, the timeline starts when an employer submits the PERM application to the Department of Labor and ends when the employee’s labor certification is approved. Generally, the average timeline for completion of the PERM process is between 4 to 8 months.

4. What are the criteria that must be met in order to obtain a PERM Labor Certification?

In order to obtain a PERM Labor Certification, an employer must show that they attempted to recruit U.S. workers for the position, that the wages and working conditions for the position offered are in line with those for similar positions in the local labor market, that they have no knowledge of a labor dispute that would prevent them from hiring a foreign worker, and that hiring a foreign worker will not adversely affect the wages and working conditions of U.S. workers similarly employed. Additionally, the employer must submit an ETA form 9089 and supporting documentation to the Department of Labor in order for the application to be approved.

5. How can I file an application for a PERM Labor Certification?

You can file an application for a permanent labor certification in the United States by using the Department of Labor’s online system, iCert. You will need to provide detailed information about the job including the job duties, experience requirements, wages, and other relevant information. Once the application is submitted, it will be reviewed by the Department of Labor and analyzed to determine if the position qualifies for a labor certification.

6. What is the prevailing wage requirement for a PERM Labor Certification?

The prevailing wage requirement for a PERM Labor Certification is a wage that is the average wage paid to similarly employed workers in the geographical area of intended employment.

7. What documents must be included in a PERM Labor Certification application?

A PERM Labor Certification application must include the following documents:
1. Form ETA-9089, Application for Permanent Employment Certification
2. A copy of the employer’s job order and recruitment report
3. Documentation verifying the alien’s work experience and education qualifications
4. A completed ETA Form 9141, Employer Attestation
5. The filing fee of $675 (if applicable)
6. Documentation verifying the employer’s ability to pay the offered wage
7. Documentation verifying that the alien is authorized to work in the US (if applicable)

8. What is the difference between a PERM Labor Certification and an H-1B Visa?

A PERM Labor Certification is an application process for employers seeking to hire foreign nationals for permanent residence in the United States. The employer needs to prove that no qualified US workers are available for the position. The H-1B Visa is a non-immigrant visa which allows foreign nationals with a specialty occupation to work in the United States for a maximum period of 6 years. The employer must have a valid job offer and be willing to pay the prevailing wage for the position.

9. Are there any special requirements or restrictions for positions that require a PERM Labor Certification?

Yes, to qualify for a PERM Labor Certification, the job offered must require at least two years of experience or training, the wage offered must meet or exceed the prevailing wage for the occupation in the area of intended employment, and there must be no qualified U.S. workers available to fill the position. In addition, the employer must demonstrate that it is not displacing any similarly employed U.S. workers and that it is not seeking to hire foreign labor to undermine labor conditions of similarly employed U.S. workers.

10. How is the “ability to pay” requirement determined for a PERM Labor Certification application?

The “ability to pay” requirement for a PERM Labor Certification application is determined by the U.S. Department of Labor’s Wage and Hour Division. The employer must demonstrate their ability to pay the prevailing wage for the job by submitting financial data such as a profit and loss statement, balance sheet, or tax return. The employer must also provide documentation of other sources of funds, such as loans, to show their ability to pay the prevailing wage.

11. What are the chances of receiving a PERM Labor Certification approval?

The chances of receiving a PERM Labor Certification approval depend on the strength of the application as well as whether the employer has met all the requirements. The rate of approval also varies by industry and occupation. Overall, the approval rate for PERM Labor Certification applications is approximately 70%.

12. What are the benefits of obtaining a PERM Labor Certification?

A PERM Labor Certification offers several benefits, including:

1. It is the first step in the process for employers to obtain permanent labor certifications for foreign workers.

2. It ensures that U.S. workers are given priority and that foreign workers are not hired to replace them.

3. It provides employers with access to a larger pool of talent, enabling businesses to find the best candidates for their skillsets and needs.

4. It enables foreign workers to live and work in the U.S. on a permanent basis, provided they meet the requirements of their visas and the labor certification process.

5. It can help speed up the process of obtaining a green card, for those who are eligible.

13. Are there any restrictions on which employers are eligible to file for a PERM Labor Certification?

Yes, there are restrictions on which employers can file for a PERM Labor Certification. Generally, employers must have a legitimate business presence in the U.S., must be able to demonstrate that the position is a “permanent” one with intent to employ the foreign worker beyond the short-term, must have engaged in sufficient recruitment efforts to demonstrate that there are no qualified U.S. workers available to fill the position, and must be able to pay the foreign worker at least the prevailing wage for the area of intended employment.

14. Does the Department of Labor require any additional documents in order to process a PERM Labor Certification application?

Yes, the Department of Labor requires additional documents in order to process a PERM Labor Certification application, such as: proof of advertising, a detailed Alien Employment Application, and a recruitment report.

15. How often are applications for Permanent Labor Certifications approved by the Department of Labor?

Most Permanent Labor Certification applications are approved within three to four weeks.

16. Are there any fees associated with filing an application for a Permanent Labor Certification?

Yes, filing an application for a Permanent Labor Certification requires employers to pay fees to the U.S. Department of Labor and the State Workforce Agency. The fee is set by the U.S. Department of Labor and may vary from state to state. Additionally, the employer must pay the reasonable costs of recruitment, such as advertising expenses.

17. How can an employer ensure that its application for Permanent Labor Certification is complete and compliant with all applicable regulations and laws?

An employer can ensure that its application for Permanent Labor Certification is complete and compliant with all applicable regulations and laws by consulting with an immigration attorney familiar with labor certification regulations, ensuring that all forms are completed accurately and in a timely manner, submitting the appropriate documentation and evidence to support the application, and responding promptly to any requests for additional information from the Department of Labor. Additionally, the employer should review the application for compliance with all applicable laws and regulations prior to submission.

18. Can an employer appeal a denial of their Permanent Labor Certification application?

Yes, an employer can appeal a denial of their Permanent Labor Certification application. The employer must file an appeal with the Department of Labor’s Office of Administrative Law Judges within 30 days of the denial. The employer must provide evidence and arguments to support the appeal.

19. Is it possible to expedite the processing of a Permanent Labor Certification application?

Yes, it is possible to expedite the processing of a Permanent Labor Certification application. An employer can request an expedited review of their application by submitting an Application for Accelerated Processing. The U.S. Department of Labor will review requests and make an expedited review decision based on the criteria provided.

20. What are the consequences of not properly complying with applicable regulations and laws when filing an application for Permanent Labor Certification?

If a business does not properly comply with applicable regulations and laws when filing an application for Permanent Labor Certification, they could face legal repercussions and fines. The Department of Labor can deny the application, and the employer can be barred from filing future applications. Additionally, if the application is found to be fraudulent, the employer may face criminal charges.