Your Ultimate Guide to PERM Labor Certification
When an alien or foreigner is offered a permanent employment in the United States, he needs to establish a basis of eligibility to file an employment-based on labor certification, exemption from labor certification, or under a schedule A category. You need to get an Alien Employment Certification if you are a foreign national who has been offered a permanent job in the United States, but unable to meet the criteria for labor certification exemption. The labor certification aims to protect US citizens by prioritizing them before foreign nationals when it comes to available jobs, and if there is no qualified US citizen, then that’s the time that a foreigner can take over.
In 2004, Program Electronic Review Management or PERM was established, that is intended to facilitate faster labor determinations. The PERM process involves all recruitment should be conducted before filing the application and it must be done within 6 months of filing. Once the application of the employer for labor certification is received, there will be a verification of the job at the prevailing wage, posting the job opening for thirty days on the recruitment system, and the employer advertising the position in a newspaper or trade journal. The DOL software will review every labor certification application based on set rules, and it will decide upon criteria selected, pulling problematic applications from the audit. System-programmed denial reasons include: expired prevailing wage determination coming from SWA; the job order didn’t run for 30 days; the labor certification application was submitted less than 30 days from the end of completion of the job posting, job order, or last step of recruitment; and the labor application listed on the Form 9089 is outside the 180-/30-day recruitment period. Just to validate that the employer is offering the job to the foreign national, a DOL representative will contact the employer via phone call or email.
It is important for the audit letter to be completed and it should be consistent with the Form 9089, so it will be certified as either approved, application denies, or supervise recruitment. Once the labor certification has been issued, it is valid indefinitely as long as the job offer remains available. Regardless of the submission of application, the labor certification cannot be modified or amended. The USCIS will be the one to decide if changes can be made to the labor certification. Do you need to know more about labor certification or PERM? Allos us to help you get approved for labor certification through our excellent labor certification, come and check us out by visiting our homepage or website now for a stress-free and hassle-free labor certification experience.
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