PERM Labor Certification

PERM Labor Certification Program for Non-Schedule A Immigrant Visa (Green Card)

This page is dedicated to processing for a US Green Card through the new PERM Labor Certification Program

A brief description of PERM-Labor Certification Process:PERM Labor Certification Program The Program Electronic Review Management (PERM) is the most recent labor certification program that allows US employers to appoint immigrant aliens (on a permanent basis) or nonimmigrant aliens (on a temporary basis) to work in the United States. Federal Immigration laws and regulations permits an employer to hire an alien only if the USDOL (U.S. Department of Labor) certifies that there are no minimally qualified U.S. employees for the position.

PERM labor certification rule was officially published on December 27, 2004. Introduced by the Department of Labor, the rule takes effect on 28th March, 2005. All labor applications filed on or after March 28, 2005 will be processed under PERM procedures. The applications filed before that date will be processed under current rules for as long as it takes to finish such processing.

A brief description of Permanent Labor Certification (LC): This is the most generally used employment-based opportunity for attaining a permanent residency status (“green card”) in the U.S. It necessitates an employer to prove that there are no qualified U.S. employees available and willing to do the job. Once the DOL approves this application, the employer will be capable of applying to the USCIS (U.S. Citizenship and Immigration Services) for green card for the foreign worker.

Labor certification applications are processed in two time frames. There are applications filed before March 28, 2005, which will be processed either under “RIR” (Reduction in Recruitment) or under "standard" procedures. Applications filed on or after March 28, 2005 will be processed under PERM labor certification program.

The basic requirements for any type of labor certification application filed under PERM, RIR, or "standard" procedures are exactly the same. These requirements include full-time employee, permanent job, reasonable job requirements, prevailing wage, etc.

Some important points about PERM Labor Certification Program

  • PERM regulations must be followed for all LC applications filed on or after March 28, 2005.
  • PERM green card applications will be filed electronically (or by mail) directly with the Department of Labor.
  • The system is predicted to process labor certification applications within 45-60 days rather than the months and years requisite under "standard" processes or RIR procedures. Though the system is expected to lessen the amount of time it takes to certify an LC application, the PERM procedure is also predicted to be much more stringent by way of requirements and regulations.
  • One of the biggest changes in the certification program is that previously, the employer was permitted to file the application and then amend deficiencies. Now under the new program, the employer will receive either an approval or denial.
  • The US employer must appoint the alien as a full-time employee, not part-time.
  • The employer must pay at least the “prevailing wage” for the job in the area of intended service.

The DOL/State Workforce Agency decides the prevailing wage for the particular job opportunities, based on the employer's job description and minimum experience/education requirements for the position. The USDOL may approve or deny certification. If certification is approved, the employer may petition the CIS, formerly INS (Immigration and Naturalization Service), to grant the alien authority to work permanently or temporarily in the U.S., depending on the nature of the application.

The main objective of the employer is to adequately test the labor market to ensure that qualified and interested U.S. employees are considered for the post. It is also insured that the alien workers are not employed under situation harmfully affecting the working conditions and wages of U.S. workers in similar jobs.

Occupational Schedules: The USDOL has set up predetermined findings for specific occupations.

Schedule A is a list of jobs that DOL has determined do not have enough U.S. workers who are certified and available, and that wages and working environments of similarly employed U.S. workers will not be badly affected. Applications for Schedule A occupations are filed with the CIS or the U.S. Consulate Office.

Non Schedule A is a list of jobs that DOL has determined generally may have sufficient U.S. workers who are certified and available, and that wages and working conditions of similarly employed U.S. workers may be badly effected. Hence, it is essential for the employer to test the American Market through recruitment efforts.

PERM Labor Certification is a very much complex procedure. Therefore we recommend you to consult with an experienced immigration consultant or lawyer. We can assist you in completing your PERM application (ETA Form 9089). For additional details, contact us or call us at 1800 258 1036 (Toll free).