PERM Labor Certification is one of the critical first steps that needs to be taken when working towards being granted an employment-based green card in the U.S. Not every employment-based green card requires this certification, but many do. When required, obtaining Labor Certification is a prerequisite to filing an I-140.
The PERM Recruitment Period
Obtaining a PERM Labor Certification from the U.S. Department of Labor (DOL) will allow an employer to hire a foreign worker to come work in the U.S. permanently. Before an employer can obtain the certification, there are several requirements that must be fulfilled. One such requirement is that the employer conducts PERM recruitment. The U.S. employer that is filing for PERM Labor Certification must make efforts to ensure that there are no willing, able and available U.S. workers that are qualified for the job are being overlooked for the position.
The first step in the PERM recruitment process is for the employer to develop a clear and specific job description. The required qualifications of the job must be included and are required to fall in line with industry norms. Unless a reflection of business necessity, the job description and required qualifications cannot be unduly restrictive. The employer is required to address any qualified resumes or applications received for the advertised position.
The employer must advertise the job opening. The advertisement must be printed in two different Sunday papers of general circulation. The advertisement must include the:
- Employer’s name
- Employer’s address
- Employer’s contact information
- The detailed job description
- Wage (the wage is required to be greater than or equal to the prevailing wage)
There are differing requirements depending on whether the job is classified as professional or non-professional. Usually, this is distinguished based on the minimum level of education required of the job position. A job must require a Bachelor’s degree, at a minimum, to be classified as a professional.
For professional jobs and non-professional jobs, the employer is required to place a job order with the local State Wage Agencies that serve the area of intended employment. This must happen for 30 days. The ad placement in two Sunday papers is also required of both professional and non-professional jobs. Professional jobs, however, have an added required recruitment step. In addition to the above requirements, the employer must take three additional recruitment steps selected from a list of 10 options provided by the DOL. These recruitment options include:
- Job fairs
- The employer’s website
- On-campus recruitment
- Job search website
- Professional or trade publications or organizations
- Private employment firms
- Local newspaper
- Radio and TV ads
- Incentivized employee referral programs
- Private employment firms
Immigration Law Attorneys
The PERM Labor Certification process can be overwhelming for an employer.
The trusted immigration attorneys at Nachman, Phulwani, Zimovcak Law Group, P.C. are here to help both the employer and the green card applicant through the PERM process. We are here to answer your questions and provide you with legal counsel you can count on. Contact us today.
If you should have any questions or need more information about the ways in which the U.S. Immigration and Nationality Laws may impact you, your family, your friends or your colleagues, please contact the U.S. Immigration and Nationality Lawyers at the NPZ Law Group – VISASERVE – U.S. Immigration and Nationality Lawyers by e-mailing us at firstname.lastname@example.org or by calling us at 201-670-0006 (x107). You can also visit our Law Firm’s website at www.visa