Labor Certification

A permanent labor certification issued by the Department of Labor (DOL) allows a US employer to hire a foreign worker to work permanently in the United States.  In most of the employment based visa categories (EB-2 and EB-3), before the U.S. employer can submit an immigration petition to the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS), the employer must obtain an approved labor certification request from the DOL's Employment and Training Administration (ETA).  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.

To improve the operations of the permanent labor certification program, DOL implemented a new re-engineered permanent labor certification program (PERM) effective March 28, 2005.  Under the PERM process, recruitment is conducted prior to filing to test the market. 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 with the State Workforce Agency is also required.  Upon completion of the recruitment, an Audit File is created that includes the evidence of recruitment as well as information on the company's existence, ability to pay, and the credentials of the foreign national.  A PERM case can be submitted either electronically or through the mail.  

Please contact our office http://stonehavenlaw.com/contact_us.html to set up a free consultation to determine whether the LC is required in your case, and what employment-based category may be the most suitable process for you. 

Disclaimer: The information provided here is of a general nature.  It should not be construed as legal advice and does not constitute an engagement of the Stone Haven Law Group or establish an attorney-client relationship.