LABOR CERTIFICATION IN THE U.S.
By Alexander Alfano
Labor certification is a significant step in the employment-based immigration process in the United States. This procedure, administered by the U.S. Department of Labor (USDOL), ensures that hiring foreign workers will not negatively impact job opportunities or wages for American workers. This process is formally known as the Permanent Labor Certification Program, or PERM.
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Labor Certification Procedures
The labor certification process begins when an employer files a PERM application on behalf of a foreign worker. Employers must demonstrate that there are no qualified, willing, and available U.S. workers to fill the position. This includes:
- Recruitment: Posting job advertisements in newspapers, online platforms, and other required channels. This process must comply with strict regulations to ensure fairness.
- Filing the PERM Application: Employers submit Form ETA 9089 through the USDOL’s online system, providing details about the position, salary, recruitment efforts, and the foreign worker’s qualifications.
- Prevailing Wage Determination: Employers must obtain a prevailing wage determination from the USDOL to ensure the offered salary meets regional and industry standards.
Processing Times
Processing times vary based on application volume and whether the case is audited:
- Standard PERM cases: 6–9 months.
- Audited cases: Up to an additional year.
- Prevailing Wage Determination: 3–4 months.
Conclusion
Labor certification is a detailed process designed to balance the interests of the U.S. labor market with immigration objectives. Employers must carefully plan to meet the established requirements and timelines.
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