Frequently Asked Questions >> IMMIGRATION RELATED MATTERS
1 What is PERM? -Labor Certification under PERM A Permanent Foreign Labor Certification from the Department of Labor (DOL) allows U.S. employers to hire foreign workers to work permanently in the U.S. In most instances, before the U.S. employer can submit an immigration petition to the United States Citizenship and Immigration Services (USCIS), the employer must obtain an approved Labor Certification request from the DOL’s Employment and Training Administration (ETA). A Foreign Labor Certification certifies that the employment of the foreign national will not displace nor adversely affect the wages and working conditions of U.S. workers who are similarly employed. To obtain a Labor Certification the employer must file an application with the DOL establishing that both of these criteria have been met. I. Requirements for Labor Certification under PERM To be eligible to obtain the Foreign Labor Certification, the employer must satisfy the following requirements:
A. The employer must hire the foreign worker as a full-time employee B. There must be a bona fide job opening C. Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the worker's qualifications. In addition, the employer shall document that the job opportunity has been and is being described without unduly restrictive job requirements, unless adequately documented as arising from business necessity D. The employer must pay at least the prevailing wage for the occupation in the area of intended employment II.Applying for Labor Certification under PERM A. Filing the Labor Certification Application To obtain the labor certification, the employer must file the Application for Permanent Employment Certification Form ETA-9089 with the State Employment Security Agency (SESA) which reviews the application for completeness and assesses whether the wage being offered and designated requirements are met. The application must describe in detail the job duties, educational requirements, training, experience and other special capabilities the applicant must possess to do the work, and a statement of the prospective immigrant's qualifications.
B.The Process The SESA will work with the employer to develop a job advertisement for placement in either a journal or newspaper of general circulation in the area of intended employment (depending on the nature of the job). The ad must contain a complete description of the vacancy including job responsibilities, duties, salary and minimum qualifications (education, training, and experience). The employer must interview all candidates who apply and meet the position requirements. 1.The employer will evaluate job candidates against the job criteria (as established in Form ETA-9089 Application for Permanent Employment Certification), and must submit a recruitment report to the SESA after applications have been received and qualified applicants interviewed. The recruitment report is a summarization of the applications received and the candidates interviewed, including any decisions made to hire or not hire the candidates 2. If any qualified U.S. workers are identified during the process, the DOL denies the application 3. The information gathered by the SESA will be collated and forwarded to the regional DOL office for review and a decision. Generally, the SESA will notify the employer when the application and all associated documents have been forwarded to the certifying officer in the regional office 4. Once the certifying officer has reviewed the recruitment report and accompanying documentation, the certifying officer will issue a final determination granting or denying the application The DOL may require additional information, interviews or advertisement if it feels the employer has not met all conditions for certification. It may issue a Notice of Findings (NOF) indicating the intent to deny the application and identifying all reasons for the intended denial. The NOF will also offer the employer an opportunity to rebut the NOF within 35 days. The letter will also provide guidance to the employer regarding their right to appeal the final decision.