PERMANENT (PERM) LABOR CERTIFICATION

A PERM Labor Certification is one of the ways that allows an employer to hire a foreign worker to work permanently in the United States. The US Department of Labor (DOL) processes applications for PERM Labor Certification.  In most cases, before the US employer can submit an immigration petition to the US Citizenship and Immigration Services (USCIS), the employer must obtain an approved labor certification request (Form ETA 9089) from the DOL. The DOL must certify to the USCIS that there are no qualified US workers available and willing to accept the job at the prevailing wage for that occupation in the area of intended employment.  The date the PERM labor certification application is filed with the DOL is known as the priority date. After the labor certification application is approved by the DOL, it should be submitted to the USCIS service center with an I140, Immigrant Petition for Alien Worker. You may access the State Department Visa Bulletin to learn which priority dates are currently being processed.

Qualifying Criteria:

The employer must hire the foreign worker as a full-time employee.

There must be a bona fide job opening.

Job requirements must adhere to what is customarily required for the occupation in the United States and may not be tailored to the worker's qualifications. In addition, the employer shall document that the job opportunity has been and is being 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 employer must document that it has engaged in, within the last six months, good faith recruitment in an effort to hire US workers for the position, but has been unsuccessful in identifying qualified and available US workers. The recruitment effort must comply with the DOL's advertising requirements and recruitment procedures.

After approval of the PERM labor certification, the employer must file an "Immigrant Petition for an Alien Worker" (I140 petition) with the US Citizenship and Immigration Services. The petition is filed by the employer on behalf of the foreign worker and must include the approved labor certification and other USCIS specified documentation.


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