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Rachel Krewson is a U.S. immigration attorney with years of experience helping families achieve immigrant status. Krewson Law offers services in all areas of immigration, including, family-based visas, employment-based visas, and asylum cases. One of the most common types of employment-based visas is the Permanent Labor Certification (PERM).
Labor Certification is the most commonplace employment-based route for immigrants to attain a green card in America. This requires a U.S. employer to be meticulous in demonstrating there are no minimally qualified U.S. workers eligible for the respective role. When a labor certification is approved by The United States Department of Labor, this permits the employer to petition on behalf of their foreign employee at The United States Citizenship and Immigration Services (USCIS) for an immigration visa. In certain circumstances the employee will be eligible to file for permanent residency–otherwise known as a ‘green card’ –at the same time as the petition is filed with USCIS.
Obtaining a permanent labor certification varies depending on the program utilized. Below is detailed information regarding each program managed by the Department of Labor (DOL). The employer is responsible for filing applications, but if you are seeking to benefit from these certifications, it helps to have some knowledge about what’s going on.
The Department of Labor (DOL) strives to protect United States citizens’ job prospects, wages, and working conditions by ensuring that foreign workers admitted into the U.S. will not negatively impact them. After obtaining a permanent labor certification from DOL the employer can then file the petition (Form I-140) with USCIS seeking to classify the employee for an immigrant visa.
To hire a foreign worker for permanent employment in the United States, an employer must first gain approval from the Department of Labor (DOL). Generally speaking, employers must obtain this certification by applying with DOL’s Employment and Training Administration (ETA) before submitting their petition to USCIS, part of The Department of Homeland Security.
To obtain a foreign worker’s employment, the Department of Labor must verifiably confirm that no U.S. citizens are capable and willing to take on the job in question. They must also ensure that hiring a foreign worker would not negatively affect Americans already employed in similar positions concerning wages or working conditions.
On December 27, 2004, the Employment and Training Administration (ETA) released a final regulation to enhance the long-term labor certification program (PERM). This advanced electronic system became fully active on March 28, 2005. With this new system, stakeholders have experienced higher satisfaction levels with improved services.
Following DOL’s approval of the labor certification application, you must submit it to the suitable USCIS Service Center alongside Form I-140, Immigrant Petition for Alien Worker. The validity period of this certification is 180 days and will terminate if not given to USCIS within this timeline.
The employer is obligated to hire the foreign worker as a permanent, full-time employee; part-time positions are not eligible.
Employers must provide a permanent position for the employee to qualify for labor certification. However, temporary or seasonal jobs may be valid for temporary work visas yet do not meet the permanent requirements of labor certification.
Employers are required only to set job requirements that are typically sought after in the occupation and must be able to prove why any atypical qualifications noted would be considered an absolute necessity. Unreasonable expectations should not exist, as they prevent employees from showing their true potential on the job.
The employer must pay a wage that meets the “prevailing” rate for the position in their intended area of employment. This wage is determined by the Prevailing Wage Determination (PWD) filed with the DOL. This must be done prior to submitting the labor certification application.
If you are seeking to benefit from the Department of Labor’s certification programs, it helps to know what’s going on. Krewson Law can help you file your application and represent you throughout the process. Contact her today for a consultation!
