| Labor Certification under PERM Regulations |
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Before a U.S. employer starts the immigration process for permanent employment of foreign worker in the U.S., an employer must file a labor certification application with the Department of Labor (DOL). An approved labor certification issued by the DOL certifies that there are no qualified U.S. workers available to take the job being offered and that employing the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
The Program Electronic Review Management (PERM) is the DOL’s current labor certification for permanent employment of foreign workers in the United States. PERM regulations were issued in 2005 and have overridden the old RIR or standard labor certification process. Under the new regulations, the DOL has established a goal of making decisions on such applications within 45-60 days. However, it can take up to six months or more.
PERM is a multi step process where an employer must submit a prevailing wage determination request to its local state workforce agency. Once a prevailing wage determination is obtained, an employer must make honest efforts to recruit for the job position. If no U.S worker is available or willing to take the job, the employer submits its application to the DOL seeking permanent labor certification. It should be noted that the employer must make bona fide recruitment efforts between thirty days to six months before filing an application to the DOL.
There are different requirements for filing permanent labor certification for professional and non professional occupations. |
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| Necessary Key Points of PERM |
- The job position must be open and available to U.S worker.
- The employer must hire the foreign worker as full time employee.
- The job duties must not be altered or tailored to the foreign worker’s qualification.
- The employer must offer 100% or more of the prevailing wages.
The employer must keep documents pertaining to recruitment, including but not limited to the job order, recruitment through advertisement, recruitment report, etc.
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| For additional information about our ability to help, prepare and file all the necessary documents required to apply for Labor Certification under PERM Regulations, contact us for reliable advice. |
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| At The Ahluwalia Firm, our emphasis is on : |
- providing zealous representation before the USCIS
- delivering value for money, ensuring seamless processing of your visa petition/application
- providing careful review of your personal circumstances
- providing dependable advice and assistance on how to present yourself at the interview
- ensuring a service-delivery model that meets and exceeds your satisfaction
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