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Jian Law Group

Labor Certification:

A permanent labor certification (PERM) issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. In most immigration cases, sponsored employers must obtain a certified labor certification application from the DOL's Employment and Training Administration (ETA) prior to submit immigration petition to their beneficiaries. The essential reason for this process is that the USCIS must be informed that there are not sufficient U.S. workers able, qualified and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

ETA published a final regulation on December 27, 2004 and effected on March 28, 2005 to effectively improve the service. The new criteria are as followed (sources from DOL):
(1) Applications filed on or after March 28, 2005, must comply with the new PERM process and adhere to the new PERM regulation.
(2) There must be a bona fide, full-time permanent job opening available to U.S. workers.
(3) Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the foreign worker's qualifications. In addition, the employer shall document that the job opportunity is described without unduly restrictive job requirements, unless adequately documented as arising from business necessity.

The employer must pay at least the prevailing wage for the occupation in the area of intended employment. The wait time for labor certification varies from months to even years depending on the applications. However, if labor certifications granted to the foreign workers, within 180 days of the date an application is certified, the employer must file an Immigrant Petition for an alien Worker form I-140 with the USCIS. Jian Law Group offers years of experience to obtain the labor certifications for foreign workers, please contact us for more details.



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