Permanent Labor Certification

An essential phase in the employment-based green card application process for foreign workers in the U.S. is the Permanent Labor Certification, or PERM, process. For the majority of employment-based green card categories—those that depend on job offers from U.S. employers—it is necessary. The PERM procedure is designed to prove that hiring a foreign worker won’t harm the American labor market and that there are no available and qualified American candidates for a particular position.

About Permanent Labor Certification

The U.S. Department of Labor (DOL) says that if a US employer wants to hire someone from another country to work in the U.S. for good, it needs to get a special approval called a Permanent Labor Certification. First, the employer must prove to the DOL that there aren’t enough qualified American workers available and willing to do the job and that hiring someone from another country won’t hurt the wages or working conditions for Americans doing similar jobs. Once the employer has Permanent Labor Certification, then they can ask the U.S. Citizenship and Immigration Services (part of the Department of Homeland Security) for permission to bring the foreign worker to the U.S. permanently.

Perm Labor Certification Procedure

Request Prevailing Wage Determination

The employer must first obtain a prevailing wage determination from the U.S. Department of Labor (DOL). This step determines the standard wage for the specific job in the given geographic area. After receiving the prevailing wage, the employer will begin the recruitment process.

Run Job Advertisements

The U.S. employer must complete a recruitment process to find qualified U.S. workers for the job. This typically involves placing job advertisements and conducting recruitment efforts as specified by the DOL.

Application Submission

After the recruitment process, the employer files a Form ETA-9089 (Application for Permanent Employment Certification) with the DOL. This form includes detailed information about the job opportunity, requirements, and the steps to recruit U.S. workers.

Receive PERM Certification

If the DOL is satisfied that the employer has met all requirements and there are no qualified U.S. workers available for the job, they issue a labor certification, indicating that the position is certified.

File I-140 Petition

Once the labor certification is approved, the employer can file an immigrant petition on behalf of the foreign worker using Form I-140 (Immigrant Petition for Alien Worker). The I-140 petition is submitted to U.S. Citizenship and Immigration Services (USCIS).

File for Adjustment of Status or Consular Processing

If the I-140 petition is approved and a visa number is available, the foreign worker can proceed with the final step of applying for an adjustment of status if they are in the U.S. or consular processing if they are outside the U.S. This is the process of obtaining lawful permanent resident status (a green card).

Our Role

Assessment

First, we conduct an in-depth evaluation to determine whether a foreign national beneficiary is eligible for the PERM process. This initial step ensures that your case has a reasonable chance of success.

Planning

We then work with the sponsoring employer to develop a comprehensive strategy for the PERM application, including advising on the job requirements, recruitment efforts, and other vital elements.

File Prevailing Wage Request

We file the prevailing wage request with the DOL on behalf of the sponsoring employer. Our team will handle all the paperwork so that you don’t have to.

Coordinate Job Advertisements

The PERM process requires specific recruitment steps to test the labor market. This is where we at Francis Law guide the employer through this process, helping to create job advertisements and meet the regulatory requirements.

Prepare and Submit Forms

At Francis Law, we can assist in preparing and submitting Form ETA-9089, the PERM application. This includes ensuring the application is complete, accurate and adheres to the Department of Labor's regulations.

Trusted Expertise

As immigration law experts, we provide crucial legal advice to ensure that all aspects of the application align with immigration laws and regulations. We can help navigate complexities, anticipate potential issues, and address them effectively.

What are you waiting for?

If you’re willing to apply for the Permanent Labor Certification and think you can make the cut, then reach out to us today for a consultation! Make your dream of immigrating to the United States a reality through us!