Foreign workers who wish to get a work visa or employment-based Green Card must first obtain a PERM labor certificate from the Department Of Labor. Employers are responsible for all requirements to obtain a DOL PERM labor certification. The employer, company or organization sponsoring the visa application for the foreign worker must meet all requirements in the PERM advertisement process.
The PERM program was established to protect the rights of the U.S labor marketplace and prevent foreign workers being able to secure a job vacancy that a U.S citizen would otherwise be able to fill.
What is a PERM Labor Certification?
An employer can’t proceed with the immigration process if they don’t have a DOL approved permanent labor certificate. The employer must also file the ETA Form 9089 along with all documentation to obtain a labor certificate from the U.S. Department Of Labor.
After the Department approves the permanent labour certification of Labor, the U.S. employer can file an immigration petition with U.S. Citizenship and Immigration Services (U.S.C.I.S.) together with Form I-140.
The Department of Labor will not approve a PERM labor certificate if an employer can prove that there is no U.S. citizen qualified and competent to fill the job vacancy. It is being offered to a foreign candidate. The employer must submit detailed documentation about the PERM advertisement process in order to get approval from DOL. The employer must provide detailed documentation of the PERM advertising process in order to obtain approval from DOL.
Prerequisites for the Labor Certificate
The employer must meet certain requirements before granting permanent labor certification.
1. The applicant must already have a job offer in the U.S.
2. Employers should offer wages equal to those determined by DOL for that particular type of work.
3. Employers who submit labor certification applications should have done extensive research on the local labor market to find the right job. DOL will request all documentation related to the recruitment process to verify that the company made enough efforts to locate a qualified candidate in the State.
4. Before the company can prepare an audit file, it must complete all paperwork. Employer may be subject to an audit by the DOL to show that the candidates were incompetent to perform the job.
How do I get a PERM Labor Certification
It is a complicated and lengthy process to obtain a PERM Labor Certification. To avoid unnecessary delays and audits, employers must comply with the PERM recruitment and advertising procedures before they can file for a permanent Labor Certification.
This is a brief overview of how permanent labor certification ads are placed and the compilation of documents that could compel DOL to approve the labor cert without audit.
Prevailing Wage Determination:
To inform the DOL about the job and its location, as well as the duties and responsibilities, a prevailing wage request will be sent. DOL will then issue a determination of the prevailing wage for that particular job based on this information. Employer must sign the ETA form and attest that they have paid sufficient wages to foreign employees.
Placement of Immigration Ads and Recruiting
The approval of PERM Labor Certification is dependent on PERM advertisement and recruitment process.
Place a job order at the local State Workforce Agency. To give local applicants a better chance of filling the position, it is important to place the job order in the relevant area.
The employer must then place labor ads for permanent certification on at least two Sundays in a major newspaper. The employer must also post job ads on three additional services provided by the DOL for professional jobs that do not require a bachelor’s degree.
Other labor placement options
1. Advertisements on television and radio
2. Placement offices on campus
3. Private employment firms.
4. Fairs for job seekers
5. Job search website.
6. Newspapers of ethnicity and locality.
7. Trade or professional organisation
Posting of jobs in-house
Notice of Filing (NOF), also known as an in-house job listing, is a process of placing PERM advertisements within the workstation for ten consecutive days. Notification must contain the wage you offer, job description and contact information.
Filling ETA form 9089
The employer can electronically file the PERM and ETA forms 9089 after completing the advertisement. The ETA must include all information regarding the job opportunity, the employer’s PERM recruitment process, and a complete overview of the employee profile.
The Duration of Immigration Ads
The PERM advertising for Immigration can be up to 30 days. The employer must wait at most 30 days from the end of the last PERM ad before filing an ETA form. To avoid delays, PERM lawyers recommend placing multiple immigration ads on different platforms. The petitioning employer must complete the recruitment process within 180 days of filing the ETA Form.
A Report on PERM Recruitment
Employers must prepare a PERM Report that includes all PERM recruitment and advertising documentation. These documents include the newspaper where the job was advertised, resumes, applications and recruitment reports. Receipts and screenshots of your ad campaign placed on different sources. This will also show why the individual was not selected.
A recruitment report should convince the DOL that you made every effort possible to find a candidate for consideration. No foreign worker is displaceing any U.S. worker. The DOL will receive the recruitment report along with the ETA form and notice of filing. Therefore, every record, statement and requirement must match. How well managed your recruitment and advertising processes were will determine the success of your PERM labor certificate.
A PERM attorney can help you
It is a time-consuming and meticulous process to obtain a PERM labor certificate. Employers are always vigilant because every document requires proper management and handling. A slight error in a statement or an incorrect date can ruin your efforts. They are familiar with all the pitfalls of PERM advertising and can guide you through every step. They ensure that your PERM labor certificate is approved without the need for your company to undergo a lengthy audit.
