The sponsoring employer must have recruited foreign nationals through a bonafide recruitment process. citizens or permanent residents able to take on the jobs for which the foreign nationals are being hired. labor market’ to show that there are no qualified and willing U.S. The DOL regulations require that sponsoring employers ‘test the U.S. Upon receiving the prevailing wage determination, a sponsoring employer must place advertisements for the job to rule out the presence of a qualified U.S. The sponsoring employer may need to show supporting documentation such as a federal income tax return, annual report, or audited financial statement to prove the continued ability to pay the foreign national employee’s wage. Once this is determined, the employer must demonstrate that they are able and ready to pay the foreign national employee at least the DOL-approved prevailing wage for that position. The prevailing wage is the minimum wage that an employer is able and willing to pay an employee and is determined by the DOL based on the specific job description. The job description should typically include job title, duties, minimum education and experience, supervision required, the specific location(s), and other important job-specific details.Įmployer fulfills the prevailing wage determination requirement by requesting the prevailing wage for the position from the DOL. The employer creates a job and formulates a job description. The PERM certification process embodies four major steps:
The Perm labor certification is the first step an employer must satisfy to meet the minimum requirements for permanently recruiting a foreign national.
There are three major steps involved in filing an employment-based immigration petition. This approval is called the PERM Labor Certification.Īfter obtaining this approval, the employer file an immigration petition with the United States Citizenship and Immigration Services (USCIS) for the foreign national employee. When a company or an employer desires to hire a foreign national, the employer must obtain approval from the Department of Labor’s (DOL) Employment and Training Administration. PERM or Program Electronic Review Management is the permanent labor certification required for certain employment-based preference categories. From the basics to the processing time, documentation required, and possible ways to increase your probability of PERM approval, this article got you covered with all the pieces of the PERM puzzle. Find answers to all your queries about the PERM Labor Certification process.
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