Green Card by Employer Sponsored Labor Certification with PERM

Green Card by Employer Sponsored Labor Certification with PERM

A Permanent Foreign Labor Certification from the Department of Labor (DOL) allows U.S. employers to hire foreign workers to work permanently in the U.S. In most instances, before the U.S. employer can submit an immigration petition to the United States Citizenship and Immigration Services (USCIS), the employer must obtain an approved Labor Certification request from the DOL’s Employment and Training Administration (ETA).

A Foreign Labor Certification certifies that the employment of the foreign national will not displace nor adversely affect the wages and working conditions of U.S. workers (U.S. Citizens and Legal Permanent Residents) who are similarly employed. To obtain a Labor Certification the employer must file ETA Form 9089, Application for Permanent Employment Certification, with the DOL establishing that both of these criteria have been met.

EK Law Office PLLC will prepare and file all the required documents for U.S. companies applying for Labor Certification.

PERM Labor Certification Eligibility – It Is Suitable For:

  • U.S. companies to employ foreign workers in the U.S. on a permanent basis
  • U.S. educational institutions to employ foreign workers for teaching in a college or university on a permanent basis

PERM Labor Certification Requirements

In order to obtain the Foreign Labor Certification, the employer must satisfy the following requirements:

  1. The employer must have a bona fide offer of full-time, permanent employment for the foreign worker
  2. Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the worker’s qualifications. In addition, the employer shall document that the job opportunity has been and is being described without unduly restrictive job requirements, unless adequately documented as arising from business necessity
  3. The employer must pay at least the prevailing wage for the occupation in the area of intended employment
  4. The employer must certify that U.S. workers who applied for the job were rejected for lawful job-related reasons

PERM Labor Certification Notes

  • Foreign nationals applying for the EB2 Green Card may take advantage of the National Interest Waiver (NIW) if they are involved in an activity that could potentially benefit the National Interest of the U.S.