The Permanent Labor Certification Program (PERM) is the most common way to obtain permanent residency in the United States. It is a tedious and complicated process that requires employers to advertise and recruit U.S. workers before they can hire foreign workers. After an employer has applied for and received a PERM labor certification, the employer can then submit an immigrant visa petition for the foreign national.
What is PERM Labor Certification and Why is it Necessary?
PERM labor certification is a process that requires U.S. employers to test the labor market for qualified American workers for a job that requires permanent residency. The labor certification process is designed to protect U.S. workers from being displaced by foreign workers, and to ensure that foreign workers are only hired when there is an actual need for their services.
To obtain labor certification, employers must demonstrate that they have attempted to hire a qualified American worker for the job, and that no qualified American workers were available. This includes advertising the job to the public, and conducting recruitment efforts to find qualified U.S. workers. The employer must also demonstrate that the wages and working conditions offered to the foreign worker are the same as those offered to U.S. workers.
What is the PERM Labor Certification Process?
The PERM labor certification process begins when the employer submits an application to the Department of Labor (DOL). The application includes evidence that the employer has attempted to hire a qualified American worker for the job, as well as evidence that the wages and working conditions offered to the foreign worker are at least equal to those offered to U.S. workers. If the DOL approves the application, the employer can then file an immigrant visa petition for the foreign worker.
How Long Does the PERM Labor Certification Process Take?
The PERM labor certification process can take up to six months or more to complete. The length of the process depends on a variety of factors, such as the complexity of the application, the number of applications the DOL is processing, and the employer’s ability to provide the necessary evidence.
How to Check Your PERM Labor Status Online
Once you have submitted your PERM labor certification application, you can check the status of your application online. The DOL’s PERM website provides real-time status updates for labor certification applications. To check the status of your application, you will need your application number, which is usually found on the confirmation page or email that you received after submitting your application.
Once you have your application number, you can log into the PERM website and enter your application number in the “Case Query” field. You will then be able to view the current status of your application, including any changes or updates that have been made since you submitted your application.
Frequently Asked Questions
What is PERM labor certification?
PERM labor certification is a process that requires U.S. employers to test the labor market for qualified American workers for a job that requires permanent residency. The labor certification process is designed to protect U.S. workers from being displaced by foreign workers, and to ensure that foreign workers are only hired when there is an actual need for their services.
How long does the PERM labor certification process take?
The PERM labor certification process can take up to six months or more to complete. The length of the process depends on a variety of factors, such as the complexity of the application, the number of applications the DOL is processing, and the employer’s ability to provide the necessary evidence.
What is the PERM labor certification process?
The PERM labor certification process begins when the employer submits an application to the Department of Labor (DOL). The application includes evidence that the employer has attempted to hire a qualified American worker for the job, as well as evidence that the wages and working conditions offered to the foreign worker are at least equal to those offered to U.S. workers. If the DOL approves the application, the employer can then file an immigrant visa petition for the foreign worker.
How can I check the status of my PERM labor certification application?
Once you have submitted your PERM labor certification application, you can check the status of your application online. The DOL’s PERM website provides real-time status updates for labor certification applications. To check the status of your application, you will need your application number, which is usually found on the confirmation page or email that you received after submitting your application.
What happens after I receive my PERM labor certification?
Once you have received your PERM labor certification, the employer can then submit an immigrant visa petition for the foreign national. After the immigrant visa petition is approved, the foreign national can then apply for a green card or other immigration benefits.
What documents do I need to submit with my PERM labor certification application?
The documents that you need to submit with your PERM labor certification application depend on the type of job you are applying for and the country of origin of the foreign worker. Generally, employers need to submit evidence that they have attempted to hire a qualified American worker for the job, as well as evidence that the wages and working conditions offered to the foreign worker are at least equal to those offered to U.S. workers.
Can I apply for PERM labor certification if I already have a job offer?
Yes, you can apply for PERM labor certification if you already have a job offer. However, the employer must still demonstrate that they have attempted to hire a qualified American worker for the job, and that no qualified American workers were available.
Are there any special requirements for PERM labor certification?
Yes, there are special requirements for PERM labor certification, including advertising and recruitment efforts to find qualified U.S. workers, and evidence that the wages and working conditions offered to the foreign worker are at least equal to those offered to U.S. workers.
What happens if my PERM labor certification application is denied?
If your PERM labor certification application is denied, you will be notified in writing of the reason for the denial. Depending on the reason for the denial, you may be able to appeal the decision or submit a new application with additional evidence.