| The labor certification process,
called “PERM”, is a means of qualification for permanent
residence in the United States based upon an employer’s need
for an alien’s services in a particular job. The employer
must demonstrate qualified U.S. workers are unavailable to
fill the position and the employment of the alien will not
adversely affect the wages and working conditions of U.S.
workers in similar positions. The following is a
summary of the steps involved in the PERM procedure:
- The employer formulates an "offer of employment", a
description of the job duties, minimum requirements to
fill these duties and the salary offered.
- A request for a prevailing wage determination
is submitted to the State Workforce Agency (SWA) in the
state where the alien will work. The SWA measures the
wage offered against information on prevailing wages for
the position offered and judges whether the minimum
requirements for the position set by the employer fit
the description of the position.
- The employer must engage in a recruitment campaign
to test the job market for available and qualified U.S.
workers. The requirements for the recruitment vary
depending upon whether the job is considered
professional or nonprofessional.
- For Non Professional Positions:
(i) Two advertisements must be placed in a
newspaper of general circulation on separate
Sundays. A suburban paper without a Sunday edition
can be used if the other advertisement is in the
Sunday edition of the metropolitan paper.
(ii) A Job Order must be placed with the
State Workforce Agency.
(iii) Internal Posting.
- For Professional Positions:
(i) Two advertisements must be placed in a
newspaper of general circulation on separate
Sundays. A professional journal may be used for one
advertisement if likely to attract candidates.
(ii) A Job Order must be placed with the
State Workforce Agency
(iii) Internal Posting
(iv) Recruitment from three other different
sources including: job fairs, employer’s web site,
job search website other than the employer’s,
on-campus recruiting, trade or private employment
firms, employee referral program with incentives,
campus placement offices, local and ethnic
newspapers, radio and television advertising
- After 30 days but not more than 180 days,
the employer files form ETA 9089 with the U.S.
Department of Labor (DOL). This form documents
the position, the alien’s credentials, the
recruitment undertaken, the response received,
and states that no qualified applicants applied.
- If the DOL approves the application, the
application is certified and returned. At that
point the employer signs the form ETA 9089 and
an Immigrant Petition based upon the labor
certification can be filed with the U. S.
Citizenship and Immigration Services (USCIS). If
the priority date is current, the employee and
any dependents can file for adjustment of status
to permanent resident at the same time the
Immigrant Petition is filed.
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