PERM (labor certificate)

Introduction

Foreign person who are offered permanent employment in the U.S. must establish a basis of eligibility for filling an employment based preference petition, either through

Labor certification (employment based second and third preference)
Exemption from labor certification (employment based first, fourth and fifth preference) or
Under a Schedule A category

Labor Certification

Foreign persons who have been offered permanent employment in the U.S., and who do not meet the criteria for exemption from labor certification, must obtain Alien Employment Certification, commonly referred to as labor certification from the U.S. Department of Labor (DOL). The DOL must be satisfied that there are no qualified U.S. workers available to fill the permanent job offered to the foreign person, and that the working conditions and wages offered for the position will not have adverse effect on the U.S. labor market. Once the labor certification is approved, it serves as the basis for filing an employment based second or third preference petition with the USCIS.

Standards DOL (Department of Labor) Takes to Exclude Foreign Workers

In issuing such certifications, the DOL applies two basic standards to exclude foreign persons

If U.S. workers are able, willing, qualified and available for the position and/or
If the employment of a foreign person will adversely affect the wages or working conditions of U.S. workers similarly employed

“Lawful U.S. workers“ include U.S. citizens, permanent residents, asylees, and refugees.

Requirements to Get Labor Certification

To obtain labor certification, the employer must demonstrate that he or she has followed a precise program of recruitment that tests the local labor market for qualified and available U.S. workers in the geographic area where the job will be filled. The employer has to prove to the DOL that:

The job being offered to the foreign person is available and is otherwise open to persons in the United States
There are no unreasonable or unnecessary conditions placed on the position and
The wage offered is at least the prevailing wage in the community.