A foreign worker who wishes to obtain a work visa or employment-based green card should first secure a PERM labor certification issued by the Department Of Labor. The employer is responsible for arranging all the prerequisites of getting a PERM labor certificate from DOL. To ensure DOL approves the PERM certificate, the employer, company, or organization sponsoring the visa application of the foreign worker must complete the multiple requirements of the PERM advertising process.
The PERM program was created to protect the U.S labor market’s rights and prevent foreign workers from securing a particular job vacancy that a qualified U.S citizen could otherwise fill.
Why Do You Need a PERM Labor Certification?
Without an approved permanent labor certification by DOL, an employer cannot proceed with the immigration process. And to get the labor certificate approved by the U.S. Department Of Labor, the employer must file the ETA Form 9089 with complete documentation.
Once the Department approves the permanent labor certification Of Labor, the U.S employer can move on to file an immigration petition with the U.S. Citizenship and Immigration Services (U.S.C.I.S) along with Form I-140.
The Department of Labor will only approve the PERM labor certificate if the employer can convince it there is no qualified and competent U.S. citizen available to occupy the job vacancy. So it is being offered to a foreign recruit. To gain approval from DOL, the employer must provide detailed documentation of the PERM advertising process. PERM advertising is a series of recruitment activities carried out by the employer to thoroughly analyze the country’s labor market using all means available.
Provisions to qualify for the Labor Certificate
Before filing for the permanent labor certification, the employer must fulfill specific requirements to ensure the applicant received the PERM labor certificate.
- The applicant must have an existing job offer in the U.S.
- The wages offered by the employer should be equal to the wages determined by DOL for the particular sort of work.
- The employer submitting the labor certification application should have thoroughly analyzed the local labor market for this job. DOL will also demand all the documentation related to the recruitment procedure to ensure that the company has made sufficient efforts to find an eligible candidate within the State.
- The company must beforehand prepare an audit file completing all the paperwork. The DOL may subject the employer to audit to prove why the recruited candidates are incompetent for this job description.
How to get a PERM Labor Certification?
Getting a PERM Labor Certification is quite a lengthy and complex process. Before the employer can even file for a permanent Labor Certification, they must follow the PERM advertising and recruitment procedure to avoid unwanted delays and unnecessary audits.
Here is a quick review of placing permanent labor certification ads and compiling documents that may compel the DOL to approve the labor certificate without any audit.
Prevailing Wage Determination:
The prevailing wage request is sent to the DOL to inform them about the nature of the job, the location, and the duties and responsibilities of the employee. Using this information, DOL will issue a prevailing wage determination for the particular post. The employer must attest PWD document with the ETA form determining that they are paying a sufficient wage to the foreign employee.
Placing Immigration Ads And Recruiting
The approval of PERM Labor certification depends on PERM advertising and recruitment procedure.
Placing a job order with the appropriate local State Workforce Agency (SWA). It is essential to put the job order in the area with the vacancy to give the local applicants a better chance at filling the post.
Next, the employer must place permanent certification labor ads on two different Sundays in a major newspaper. For professional jobs that require the applicant to have a bachelor’s degree at most, the employer must post the job on three additional services listed out by the DOL.
Additional Labor Placement Options
- Radio and television ads.
- Campus placement offices.
- Private employment firms.
- Job fairs.
- Job search website.
- Local and ethnic newspapers.
- Trade or professional organization
In-house Job Posting
Notice of Filing (NOF) or an in-house job posting is a procedure of placing PERM advertising within the workstation for ten consecutive business days. The notice must include the wages you are offering, the job description, and contact information.
Filing ETA Form 9089
After completing the advertisement process, the employer can finally electronically file the PERM application and ETA Form 9089. The ETA must have all the information about the job opportunity, the PERM recruitment process carried out by the employer, and a detailed overview of the eligible employee profile.
The Duration of Immigration Ads
The Immigration ads under PERM advertising can last for 30 days or more. However, the employer must wait at least 30 days after the last PERM ad campaign before filing the ETA form. Due to this extended period, PERM attorneys suggest placing consecutive immigration ads on multiple platforms to avoid unnecessary delays. Moreover, the petitioning employer must finish the recruitment process 180 days before filing the ETA Form.
A PERM Recruitment Report
The employer needs to prepare a PERM report containing all the PERM advertising and recruitment documentation. These documents include newspapers where the job was posted, resumes, applications, recruitment reports, receipts, and screenshots of your ad campaigns placed on various sources, on what behalf the individual was rejected, and so on.
The basic idea of a recruitment report is to convince the DOL that you have made every effort to find a potential candidate for position consideration. And no foreign worker is displacing a U.S. worker in any way. This recruitment report will be submitted to DOL along with the ETA Form and Notice Of Filing, so every statement, record, and requirement must correspond. The success of your PERM Labor Certificate depends on how well-managed your advertising and recruitment process was.
Get Help From a PERM Attorney
Getting a PERM Labor Certificate is a meticulous and time-consuming procedure. With every document requiring proper handling and management, the employer is always on edge. And with a slight statement gone wrong or even an incorrect date could ruin all your efforts. Since law firms and PERM attorneys know all the pitfalls and protocols of PERM advertising, they can govern every step you take. They make sure your PERM labor certificate gets approved without your company undergoing the tiring audit.
