BUSINESS IMMIGRATION
PERM Labor Certification
The Program Electronic Management Review System (PERM) labor certification is the first stage in most employment-based, permanent residency cases. A PERM labor certification must be filed with the U.S. Department of Labor (DOL) for both employment-based, second (EB-2) and third preference (EB-3) cases.
The employment-based permanent residence process is generally comprised of three phases:
- PERM Labor Certification: Recruitment and Prevailing Wage Determination
- I-140 Application for Immigrant Visa and Proof of Ability to Pay
- Adjustment of Status
PERM Labor Certification: Recruitment and Prevailing Wage Determination
In order to qualify to begin the PERM process, the following requirements must first be met:
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U.S. Labor Market Test:
- The employer is required to participate in a process to test the U.S. labor market by recruiting to determine if there are any able, willing, available and qualified U.S. workers for the position to be offered to the foreign national.
- The employer must advertise the position and review resumes for more than 30 days, but less than 180 days, prior to filing the application to ensure that there are no other qualified United States workers available.
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Prevailing Wage Determination:
- The employer is also required to offer at least the prevailing wage for the position, as determined by the DOL.
- A prevailing wage determination from the DOL must be obtained before filing the PERM application.
Once the PERM application is filed with the DOL, it may take the DOL several months to adjudicate the application. If the DOL audits the PERM application, the employer will have 30 days to respond. After the response, it may take an additional year to be processed by the DOL.
I-140 Application for Immigrant Visa and Proof of Ability to Pay
Once a PERM application is approved by the DOL, the employer must file an I-140 Immigrant Worker Petition with the USCIS within six months of the approval date of the PERM labor certification application. The employer is required to show that it has the ability to pay the wage offered and that the foreign national possesses the education, experience and skills required in the application.
Adjustment of Status
The last step in the process is an application filed by the foreign national. The foreign national’s immediate dependents (spouse and children) may also join the foreign national employee at this step in the process and file their own applications as the employee’s dependents.
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Frequently Asked Questions
What is the PERM labor certification?
A PERM labor certification is merely the first step in obtaining an immigrant visa (green card). In brief, the PERM labor certification process requires the petitioning employer to conduct a series of recruitment activities to test the job market before filing the application. If no qualified and willing U.S. worker (U.S. citizen or Permanent Resident) is found through the recruitment process, the employer can submit the PERM labor certification. Once your PERM is approved, your employer can file a petition for a green card on your behalf.
How long does the PERM labor certification take from the start to approval?
Usually, most PERM labor certification take around 6-10 months from the start to approval, but this can easily vary from case to case.
When can I apply for PERM labor certification?
In order to qualify to begin the PERM process, the following requirements must first be met:
- You must have an existing permanent job offer by a U.S. employer;
- The offered wages are the same or better than the DOL prevailing wage;
- The local job market has been analyzed for qualified United States workers; and
- The United States employer must maintain an audit file with additional proof of attempts at recruitment.
How much does it cost for labor certification?
The Department of Labor has no filing fee for the PERM petition. However, the Labor Certification cost includes more than just a filing fee. There will be additional costs associated with the recruitment process such as placing ads and taking the time to interview potential U.S. candidates. Regardless, the entire PERM application process is the responsibility of the employer.
However, when it comes to your green card processing fee, the USCIS has a filing fee of $580 for the I-140 petition. This is a fee that the employer must pay, not the beneficiary.
How long is a PERM labor certificate valid for?
An approved labor certification is valid for 180 days following approval. Then the employer must file a I-140 on the foreign national’s behalf.
Let one of our Atlanta immigration attorneys evaluate your case today.
The attorneys of Potra Law Firm can assist employers considering or engaged in the PERM labor certification process for their employees that are trying to obtain a work visa. We look forward to hearing from you.
