Subscribe to Immigration Newsletter & Immigration News Update | PERM-Permanent Labor Certification For Employment Based Green Card .
One of the ways a Foreign Alien worker can become a Permanent Resident of the United States is through Employment. A significant percentage of Employment based Green Card Application require a PERM -Permanent Labor Certification approved by Department of Labor-DOL.
In general, the U.S Immigration Law requires a United states Employer Filing an Employment based Immigrant Visa Petition Form I-140 in Employment based category 2 (EB-2) and Employment based category 3 (EB-3 ) to first obtain an approved Permanent Labor Certification Application from United States Department of Labor on behalf of the foreign Alien worker showing that:
- There are not sufficient United States workers who are able, willing, qualified and available at the place where the foreign Alien worker is to perform the work; and
- The Employment of the Foreign Alien worker will not adversely affect the wages and working conditions of United States workers similarly employed.
PERM-Permanent Labor Certification Attestations A United States Employer Filing a Labor Certification Application on behalf of a Foreign Alien Worker must attest to the Conditions of Employment i.e - The Employer will pay the Foreign Alien worker the prevailing wage or higher wage that is applicable at the time the Foreign Alien worker begins Employment in the U.S.
- The Employer has the Financial Ability to pay the wage or salary offered the Foreign Alien worker ;
- The Employer has enough funds available to pay the wage or salary offered the Alien;
- The Employer will be able to place the Foreign Alien worker on the payroll on or before his or admission into the U.S;
- The job opportunity does not involve unlawful discrimination by race, creed, color, national origin, age, sex, religion, handicap, or citizenship;
- The Employer's job opportunity is not vacant because the former occupant is on strike or locked out in the course of a labor dispute involving a work stoppage;
- The job opportunity's terms, conditions and occupational environment are not contrary to Federal, state or local law;
- The job opportunity has been and is clearly open to any U.S. worker;
- The job opportunity is for full-time, permanent Employment for an Employer other than the Alien.
PERM-Permanent Labor Certification Pre-filing Recruitment.
Employers are required to conduct recruitment before filing Permanent Labor Certification Applications, this is called pre filing recruitment .Except for Labor Certification Applications involving college or university teachers , Schedule A occupations and sheepherders , an Employer must conduct recruitment prior to filing the Application for Permanent Labor Certification.
PERM-Permanent Labor Certification Prefiling Recruitment For Professional Occupations. Professional occupation means an occupation for which the attainment of a bachelor's or higher degree is the usual minimum education requirement. Where the Permanent Labor Certification application is for a professional occupation, the Employer must conduct the recruitment steps within 6 months of filing the PERM- Permanent Labor Certification Application.The Employer must maintain documentation of such recruitment.
Mandatory Steps For PERM-Permanent Labor Certification Application For Professional Occupations.
A job order and two print advertisements are mandatory for all Permanent Labor Certification Applications involving professional occupations, except Applications for college or university teachers selected in a competitive selection and recruitment process . The mandatory recruitment steps must be conducted at least 30 days, but no more than 180 days, before the filing of the Permanent Labor Certification Application
Back to Top Additional Recruitment Steps For PERM-Permanent Labor Certification For Professional Occupations. The Employer must select three additional recruitment steps from the following alternatives. None of these steps may have taken place more than 180 days prior to filing the Permanent Labor Certification Application.. - Job fairs.
- Employer's Web site.
- Job search Web site other than the Employer's.
- On-campus recruiting.
- Trade or professional organizations.
- Private Employment firms.
- Employee referral program with incentives.
- Campus placement offices.
- Local and ethnic newspapers.
- Radio and television advertisements.
PERM-Labor Certification Prefiling Recruitment For Non Professional Occupations. Non-Professional occupation means any occupation for which the attainment of a bachelor's or higher degree is not a usual minimum requirement for the occupation. Where the Permanent Labor Certification Application is for a non-professional occupation, the Employer must place a job order and two newspaper advertisements within 6 months of filing the Permanent Labor Certification Application.
These steps must be conducted at least 30 days but no more than 180 days before the filing of the Permanent Labor Certification Application.
PERM-Permanent Labor Certification Advertising Requirements. Advertisements placed in newspapers of general circulation or in professional journals before filing the Permanent Labor Certification Application must:
- Contain the Employer's Name;
- Contain where and how applicants are to report or send resumes, ;
- Provide a description of the vacancy specific enough to apprise U.S. workers of the job opportunity;
- Indicate the geographic area of Employment with enough specificity to apprise applicants of any travel requirements and where applicants will likely have to reside to perform the job ;
- Not contain a wage rate lower than the prevailing wage rate;
- Not contain any job requirements or duties which exceed the minimum job requirements or duties and
- Not contain wages ,terms and conditions of Employment that are less favorable than those offered to the Foreign Alien worker.
The offer of Employment must not be tailored to the specific skills, education, or experience of the Foreign Alien worker, thereby calling into question whether a bona fide job opportunity actually exists.
Where an Employer during the recruitment process hires a U.S. worker for the job opening, the process stops at that point, unless the Employer has more than one opening, in which case the Permanent Labor Certification may continue. PERM-Permanent Labor Certification Recruitment Report.
The Employer must prepare a recruitment report describing the recruitment steps undertaken and the results achieved, the number of hires, and, if applicable, the number of U.S. workers rejected, categorized by the lawful job related reasons for such rejections. Back to Top PERM-Permanent Labor Certification Notice Requirement. Before filing the Labor Certification Application, the Employer is required to have provided notice of the Permanent Labor Certification filing to - The bargaining representative(s) (if any) of the Employer's employees in the occupational classification for which certification of the job opportunity is sought .
- If there is no such bargaining representative, by posted notice to the Employer's employees at the facility or location of the Employment. The notice must be posted for at least 10 consecutive business days. The notice must be clearly visible and unobstructed while posted and must be in conspicuous places where the Employer's U.S. workers can readily read the posted notice . In addition, the Employer must publish the notice in any and all in-house media, whether electronic or printed, in accordance with the normal procedures used for the recruitment of similar positions in the Employer's organization.
The purpose of the notice requirement is to provide any person with the opportunity of submitting documentary evidence bearing on the Permanent Labor Certification Application for certification such as information on available workers, wages, working conditions and information on the Employer's failure to meet the terms and conditions with respect to the Employment of Alien workers and co-workers. PERM-Permanent Labor Certification Job Duties Requirement. The job opportunity's requirements, unless adequately documented as arising from business necessity, must be those normally required for the occupation . To establish a business necessity, an Employer must demonstrate the job duties and requirements bear a reasonable relationship to the occupation in the context of the Employer's business and are essential to perform the job in a reasonable manner.
Where the job opportunity involves a combination of occupations, the Employer must document that it has normally employed persons with that combination of occupations, and/or workers customarily perform the combination of occupations in the area of intended Employment, and/or the combination job opportunity is based on a business necessity.
Alternative experience requirements must be substantially equivalent to the primary requirements of the job opportunity for which certification is sought; and it must be clearly stated that any suitable combination of education, training, or experience is acceptable. PERM-Permanent Labor Certification Actual Job Minimum Requirements. The job requirements, as described, must represent the Employer's actual minimum requirements for the job opportunity. If the Foreign Alien worker beneficiary already is employed by the Employer, in considering whether the job requirements represent the Employer's actual minimum, Department of Labor will review the training and experience possessed by the Alien beneficiary at the time of hiring by the Employer
Working conditions must be normal to the occupation in the area and industry.
If there has been a layoff by the Employer in the area of intended Employment within 6 months of filing an Application involving the occupation for which Permanent Labor certification is sought or in a related occupation, the Employer must document it has notified and considered all potentially qualified laid off U.S. workers of the job opportunity involved in the Application and the results of the notification and consideration. Expiration of PERM-Permanent Labor Certification. An approved Permanent Labor Certification granted on or after July 16, 2007 is valid for 180 days and should be used in support of a Form I-140 Employment based petition with United States Citizenship & Immigration Services-USCIS within the validity period.
An approved Permanent Labor Certification granted before July 16, 2007 is valid for 180 calendar days from July 16, 2007 and expires if not filed in support of a Form I-140 petition with United States Citizenship & Immigration services-USCIS. Invalidation of PERM-Permanent Labor Certification. After issuance, a Labor Certification may be revoked by Department of Labor, subject to invalidation by United States Citizenship & Immigration Services or by a Consular Officer where there are legal grounds for such.
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