When recruiting overseas employees in the United States, understanding the immigration process can be difficult, particularly for employers seeking to support workers in obtaining permanent residency. A PERM labor certification is a crucial initial step in the employment-based green card process. This certification is crucial in ensuring that employing a foreign worker will not harm the U.S. labor market. According to the U.S. Department of Labor (DOL), more than 100,000 PERM applications are processed annually!
This guide will explain the meaning of PERM labor certification, its significance, and its role in acquiring an employment-based green card.
What is a PERM Labor Certification?
A PERM labor certification is a formal document given by the ETA within the U.S. Department of Labor for employment purposes. The main goal of the certification is to show that employing a foreign worker for a certain position will not negatively impact the job prospects, salaries, or working conditions of American workers in that industry. Put simply, it is the government’s method of safeguarding the American labor force.
What is the PERM Labor Certification Process?
Step 1: Determine the Job Requirements
Before filing, the employer must clearly define the job requirements, including educational qualifications, experience, and special skills needed. These requirements must reflect the real needs of the job and should not be tailored to favor the foreign worker.
Step 2: Request a Prevailing Wage Determination (PWD)
The employer must request a Prevailing Wage Determination (PWD) from the DOL’s National Prevailing Wage Center. This step establishes the minimum salary for the position, ensuring it aligns with the wage rate for similar jobs in the geographic area (see CFR § 656.40). Offering wages below this rate would likely result in denying the application.
Step 3: Conduct Recruitment Activities
To prove that no qualified U.S. workers are available for the job, the employer must conduct a series of recruitment steps. For professional occupations (positions requiring a bachelor’s degree or higher), the employer must:
- Place a job order with the State Workforce Agency (SWA) for at least 30 days.
- Publish 2 advertisements in the Sunday edition of a major local newspaper.
- Choose 3 additional recruitment methods, such as job fairs, online job postings, or using a professional recruiter.
The employer must place a job order with SWA and publish 2 Sunday newspaper ads for non-professional occupations. The recruitment activities must occur within 180 days but not less than 30 days before filing the PERM application.
Step 4: Evaluate U.S. Applicants
The employer must carefully review all job applications and interview qualified U.S. workers. If any U.S. applicants meet the job requirements, the employer cannot proceed with hiring the foreign worker and must document valid, job-related reasons for rejecting U.S. applicants.
Step 5: File ETA Form 9089
Once all recruitment activities are complete and no qualified U.S. workers are available, the employer can file Form 9089 (Application for Permanent Employment Certification) with the DOL. This form can be submitted online for faster PERM labor certification processing or by mail.
Step 6: DOL Review and Decision
The DOL will review the application to ensure all steps were followed correctly. This review includes verifying recruitment documentation, prevailing wage compliance, and the foreign worker’s qualifications. The average PERM labor certification processing time ranges from 6 to 12 months, but it can take longer if the case is audited.
What is the PERM 365-Day Rule?
The PERM 365-day rule is crucial for H-1B visa holders. It allows them to extend their visa in one-year increments while the PERM application is still pending. This provision is designed to prevent employment gaps due to long processing times. For an H-1B worker to qualify:
- The PERM application must have been pending for at least 365 days.
- The H-1B worker must be in valid status.
- The extension request must be made before the current status expires.
This rule offers peace of mind for workers and employers, ensuring continued employment during the lengthy green card process.
PERM Labor Certification Processing Time
The processing time for PERM labor certification can vary depending on various factors, including the number of applications received and whether the case is audited. While the average time is around 6-12 months, some cases may take up to 18 months or longer. Applying electronically through the Permanent Online System can speed up the process and provide real-time status updates.
How Much Does a PERM Labor Certification Cost?
The DOL does not charge a fee for filing Form 9089, but employers must cover the cost of recruitment, which can include:
- Advertisement fees for two newspaper ads, averaging $500 per ad.
- Attorney fees, which can range from $2,000 to $6,000 depending on the complexity of the case.
- Filing fees for subsequent petitions, such as the $715 fee for Form I-140.
Want to Ensure a Smooth PERM Process? Schedule a Consultation Today!
Obtaining a PERM labor certification is a meticulous process that requires compliance with numerous regulations. A minor error in recruitment or documentation can lead to delays or even denials, disrupting the entire green card process. For employers and foreign nationals, having a knowledgeable immigration attorney can make all the difference.
If you need help navigating the PERM process, 360 Immigration Law Group is here to assist! Our experienced team proudly serves clients throughout Coconut Creek, Pompano Beach, Boca Raton, Tamarac, Parkland, Deerfield Beach, Sunrise, Oakland Park, Fort Lauderdale, and Plantation. We offer consultations in English, Spanish, and Portuguese. Contact us today at 954.667.3660 to schedule your free consultation!