By: vadmin / December 19, 2023

This blog posts mainly deals with the business side of immigration law. Especially the topics of PERM and Labor Certification. We hope to provide you with a brief guide of what they are and how they are essential for the United States economy.

1) What exactly is labor certification?

There is a job position available here in the United States and we are unable to find Americans qualified for the position or interested in applying for the position, what do we do? Bring someone from abroad to fill the position through the process called labor certification.

2) What is PERM?

PERM stands for Program Electronic Review Management. This is a system through which one attains a labor certification and is often the first step in obtaining an employment-based immigrant visa. Just like there are family-based preference categories when a visa is not immediately available, there are employment-based preference categories.

3) What employment-based preference categories require PERM labor certification?

Employment-based 2 (EB-2) and Employment-based 3 (EB-3)

4) What is the process that an employer starts in order to petition for a foreign worker?

Step 1) Employer must first obtain an approved labor certification from the Department of Labor (DOL) using ETA Form 9089.
Step 2) DOL must certify that there are no sufficient U.S. workers able and willing to work in the position being granted to a foreign worker.
Step 3) DOL must also certify that this offer granted to a foreign worker will not affect the wages and working conditions of U.S. workers employed in a similar manner.
Step 4) After the labor certification is approved by DOL, the immigrant petition should be filed before the labor certification expires. The validity of the certification lasts about 180 days.

5) How do I begin this process?

Given the time-sensitive and complicated nature that PERM labor certification requires, it is best to contact an immigration attorney who has experience successfully representing clients in the PERM area and start the process. Contact the Law offices of Ohio and Maryland immigration attorney, Varun Luthra today.