Navigating the complexities of the employment-based immigration process can be daunting, especially when it comes to the PERM labor certification. For employers and immigration attorneys in New York City, understanding each step involved is crucial for ensuring a smooth and successful application.
This guide walks you through the
essential stages of the PERM labor certification process, providing valuable
insights to help streamline your efforts.
About PERM Labor Certification
The Program Electronic Review
Management (PERM) is the first step in the employment-based green card process
for foreign workers. Administered by the U.S. Department of Labor (DOL), the PERM labor certification
process NYC is designed to ensure that hiring a foreign worker will not
adversely affect the job opportunities, wages, and working conditions of U.S.
workers.
Step 1: Determine Job Requirements and Qualifications
Define
the Job Position
Before initiating the PERM process,
employers must clearly define the job position for which they seek to hire a
foreign worker. This includes detailing the job title, duties, requirements,
and qualifications. The specifics of the job description play a crucial role in
the subsequent steps of the certification process.
Assess
the Foreign Worker’s Qualifications
Employers must also ensure that the
foreign worker possesses the necessary qualifications for the job. This
includes verifying education, experience, and any special skills required for
the position. Proper documentation of these qualifications is essential for a
successful PERM application.
Step 2: Prevailing Wage Determination
Submit
Prevailing Wage Request
The next step involves submitting a
prevailing wage request to the DOL. The prevailing wage is the average wage
paid to similarly employed workers in the same occupation in the geographic
area of employment. Obtaining this determination is critical, as the employer
must offer at least the prevailing wage rate to the foreign worker.
Wait
for Prevailing Wage Determination
Once the request is submitted, the
employer must wait for the DOL to issue the prevailing wage determination. This
process can take several weeks, so it's important to plan accordingly to avoid
delays in the overall certification process.
Step 3: Recruitment and Advertising
Conduct
Recruitment Efforts
The heart of the PERM labor
certification process lies in the recruitment phase. Employers must make a
genuine effort to recruit U.S. workers for the job position. The DOL mandates
specific recruitment steps, including:
- Job Order:
Place a job order with the State Workforce Agency (SWA) for a minimum of
30 days.
- Newspaper Advertisements: Publish two Sunday advertisements in a widely
circulated newspaper in the area of intended employment.
- Additional Recruitment Steps: Depending on the job position, additional recruitment
steps may be required, such as an online job posting, job fairs, or campus
recruitment.
Document
Recruitment Efforts
Employers must meticulously document
all recruitment efforts, including copies of advertisements, job orders, and
responses received. This documentation serves as evidence that the employer
made a legitimate attempt to hire U.S. workers before considering a foreign
worker.
Step 4: File ETA Form 9089
Complete
and Submit ETA Form 9089
Once the recruitment process is
completed, the employer can proceed to file ETA Form 9089, the Application for
Permanent Employment Certification. This form includes detailed information
about the employer, job position, recruitment efforts, and the foreign worker’s
qualifications. It is crucial to ensure accuracy and completeness when filling
out this form, as any discrepancies can lead to delays or denials.
Await
DOL Review
After submission, the DOL reviews
the application to ensure compliance with all regulations. This review process
can take several months. During this time, the DOL may issue requests for
additional information or conduct an audit to verify the accuracy of the
submitted documentation.
Step 5: Respond to Audits and Requests for Information
Prepare
for Potential Audits
Employers should be prepared for the
possibility of a DOL audit. If selected for an audit, the employer must provide
additional documentation to support the PERM application. This may include
proof of recruitment efforts, interview records, and other relevant
information.
Respond
Promptly to Requests
Timely and thorough responses to DOL
requests are essential for maintaining the integrity of the application
process. Failure to respond adequately or within the specified timeframe can
result in a denial of the PERM application.
Step 6: Approval and Next Steps
Receive
PERM Approval
If the DOL is satisfied with the
application and all supporting documentation, the PERM labor certification will
be approved. This approval is a significant milestone in the employment-based
immigration process, as it allows the employer to proceed with filing an
Immigrant Petition for Alien Worker (Form I-140) with the U.S. Citizenship and
Immigration Services (USCIS).
File
Form I-140
Once the PERM labor certification is
approved, the employer can file Form I-140 on behalf of the foreign worker.
This form establishes the employer’s intent to hire the foreign worker for the certified
position and verifies the worker’s qualifications. The approval of Form I-140
is the final step before the foreign worker can apply for a green card.
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