The labor certification
process, called “PERM”, is a means of qualification
for permanent residence in the United States based
upon an employer’s need for an alien’s services in a
particular job. The employer must demonstrate
qualified U.S. workers are unavailable to fill the
position and the employment of the alien will not
adversely affect the wages and working conditions of
U.S. workers in similar positions.
The following is a summary of the steps
involved in the PERM procedure:
- The employer formulates an "offer of
employment", a description of the job duties,
minimum requirements to fill these duties and
the salary offered.
- A request for a prevailing wage
determination is submitted to the State
Workforce Agency (SWA) in the state where the
alien will work. The SWA measures the wage
offered against information on prevailing wages
for the position offered and judges whether the
minimum requirements for the position set by the
employer fit the description of the position.
- The employer must engage in a recruitment
campaign to test the job market for available
and qualified U.S. workers. The requirements for
the recruitment vary depending upon whether the
job is considered professional or
nonprofessional.
- For Non Professional Positions:
(i) Two advertisements must be placed in
a newspaper of general circulation on separate
Sundays. A suburban paper without a Sunday
edition can be used if the other advertisement
is in the Sunday edition of the metropolitan
paper.
(ii) A Job Order must be placed
with the State Workforce Agency.
(iii)
Internal Posting.
- For Professional Positions:
(i)
Two advertisements must be placed in a newspaper
of general circulation on separate Sundays. A
professional journal may be used for one
advertisement if likely to attract candidates.
(ii) A Job Order must be placed with the
State Workforce Agency
(iii) Internal
Posting
(iv) Recruitment from three
other different sources including: job fairs,
employer’s web site, job search website other
than the employer’s, on-campus recruiting, trade
or private employment firms, employee referral
program with incentives, campus placement
offices, local and ethnic newspapers, radio and
television advertising
- After 30 days but not more than 180 days,
the employer files form ETA 9089 with the U.S.
Department of Labor (DOL). This form documents
the position, the alien’s credentials, the
recruitment undertaken, the response received,
and states that no qualified applicants applied.
- If the DOL approves the application, the
application is certified and returned. At that
point the employer signs the form ETA 9089 and
an Immigrant Petition based upon the labor
certification can be filed with the U. S.
Citizenship and Immigration Services (USCIS). If
the priority date is current, the employee and
any dependents can file for adjustment of status
to permanent resident at the same time the
Immigrant Petition is filed.
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