The first step for getting Labor Certification or lawful permanent residency (green card) is going through the Program Electronic Review Management (PERM) system. The Department of Labor created this system to make sure that positions that could be filled by qualified U.S workers are not filled by foreign workers. The visas that require PERM Labor Certification are EB-2 and EB-3.
But the requirement for PERM Labor Certification may be waived if there is evidence that employing the applicant will benefit the national interest of the United States.
How to Get PERM Labor Certification
Employers have the responsibility to fill out applications, not the foreign employees. Your employer must use the ETA Form 9089 to petition for Labor Certification for their foreign worker. The form must be submitted to the DOL and the DOL must certify to the U.S.C.I.S that there is no U.S. citizen that can fill the job offered to the alien.
The DOL must also prove that having the alien fill that job position will not negatively affect the wages and working conditions for U.S. workers in similar positions. You will need to discuss the crucial details of the job you are offering a foreign worker with an experienced immigration lawyer. Some of the things you will discuss include the title, responsibilities, minimum education requirements and location of the intended employment..
Requirements For Employer And Employee
The employer must prove that:
- The full-time job is located in the United States
- The position is a genuine job offer that even U.S. citizens can apply for
- The company or business is able to pay the worker the offered wage
- No U.S. worker is qualified, willing, and able to accept the job offer and fill the position
- The job requirement must not be so restrictive that only the foreign worker can fill it
- The wages for the foreign worker must be similar to the wages offered for such positions in the area of employment
The employee must:
- Meet the work experience and education requirements for the job at the time the job is advertised. But being overqualified is not a problem.
- Have valid status if they live in the United States
Recruitment Steps For PERM
After filing the PERM application the employer must complete the recruitment process within 6 months. The recruitment steps for professional occupations include:
- You need to place a 30 day job order with the State Workforce Agency
- Employer must place ads for the job in a Sunday edition of a local paper with wide circulation for two consecutive Sundays in area where the job is located, or
- The employer can place the job ad in a relevant journal
- Other methods for recruitment include job fairs, on-campus recruiting, job search website, radio and television, and more
The employer must store any evidence that proves that the employer put effort in the recruiting process. For non-professional jobs there are two recruitment steps:
- Employer must place a job ad in 2 consecutive Sunday editions of a popular local newspaper in the area the job is located
- The employer must place a 30 day job order with the State Workforce Agency