PERM / Labor Certification

The first step in the majority of employment-based immigration cases is the Labor Certification (LC) application.  The goal of the LC process is to determine that the insufficiency of U.S. workers in a particular locality warrants the hiring of a foreign worker for a particular position.
 
Starting from March 28, 2005, all Labor Certifications must be filed using the then-new PERM process.  PERM stands for “Program Electronic Review Management”, and its implementation has streamlined and expedited the processing of labor certifications.   Under this process, the decision on a labor certification should be completed within 45 to 60 days with online filing.  Select cases may be scrutinized for quality control and fraud purposes through an audit process, and certain cases may be subsequently subject to supervised recruitment.

The employer who files the application on behalf of the alien must attest to the following:

1. The position is a bona fide full time permanent job offer located within the U.S.;
2. The employer must pay all expenses, including attorney fees, related to the filing of labor certification;
3. The job offer meets prevailing wage requirements;
4. The job offer’s working conditions and environment and hiring of the alien does not adversely affect U.S. workers; and
5. There is no qualified U.S. worker available to accept the job offer through the recruitment processes.

The local labor market is tested via advertising and other recruitment efforts conducted within 180-30 days prior to LC filing.  Recruitment includes two Sunday print advertisements, and for certain occupations, further forms of recruitment such as job search websites, postings on company websites, employee referral programs, or local newspapers.  A job order for not less than 30 days with the State Workforce Agency is also mandatory.  A PERM-based LC is generally submitted electronically.  A decision might take anywhere from two weeks up to 60 days.  Under current law, an approved LC is valid for 180 days only.  As such, upon LC approval the sponsoring employer must file an I-140 immigrant visa petition within its validation date.