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PERM Labor Certification

Q: What is a Labor Certification?

A: A labor certification, or permanent labor certification, issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States.

Q: Who needs a Labor Certification?

A: In Eb-3 and Eb-2 (except for National Interest Waiver) immigrant petitions, before the U.S. employer can submit an immigration petition to the U.S. Citizenship and Immigration Services (USCIS), the employer must obtain an approved labor certification request from the DOL. The DOL must certify to the USCIS that there are no qualified U.S. workers able, willing, qualified and available to accept the job at the prevailing wage for that occupation in the area of intended employment and that employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers.

Q: What is PERM?

A: PERM stands for "Program Electronic Review Management." Starting from March 28, 2005, the computer-based PERM system along with a new set of procedures replaced the traditional paper-based review of the labor certification application.

Q: What are the procedures in PERM application?

A: PERM application is a complicated process that involves both the U.S. employer and the alien beneficiary. Please click HERE for a Step by Step PERM Processing Flowchart.

Q: What is Optional Special Recruitment PERM?

A: Optional Special Recruitment PERM is specifically tailored for college or university teachers. To be eligible for Optional Special Recruitment PERM, the employment must meet the following requirements:

  1. The position must be tenure or on tenure-track;
  2. The employer must have advertised the position in a professional print media;
  3. The PERM application must be filed within 18 months after determination of the employment.

Q: What are the procedures in Optional Special Recruitment PERM application?

A: The recruitment standards and procedures for Optional Special Recruitment PERM are different from the regular PERM processing. Please click HERE for a Step by Step Optional Special Recruitment PERM Processing Flowchart.

DOL Issued FAQs for PERM Labor Certification

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