The PERM Labor Certification is the first step in a federal program that grants direct remaining residence to all immigrants who are inside or outside the United States, through a job offer. If you the prospected employee have the right mix of skills, education and/or experience or eligible for other aspects, you may be able to live permanently in the United States.
A Labor Condition Application (LCA) is one of the core documents that an employer files for recruiting foreign workers under H-1B, H-1B1, and E-3 visa programs. The DOL examines the LCA to determine whether hiring a foreign worker will adversely affect US workers. It protects the integrity of wages and work conditions in a competitive job market.
In order to qualify to begin the PERM process, the following requirements must first be met:
- You must have an existing permanent job offer by a U.S. employer.
- The offered wages are required to be equal or above the DOL prevailing wage. DOL will subject this to the specific position.
- The local job market has been analyzed for qualified candidates. This is required to provide evidence that U.S. workers are unable to complete the requirements of the position, meaning that no qualified native workers are available for the position. Supplementary documentation relating to recruiting efforts must be made available if requested.
- The U.S. employer is obligated to construct and maintain an audit file with additional proof of attempts at recruitment
The following forms are needed before an Immigration petition can be submit to U.S. Citizenship and Immigration Services (USCIS). The employer must also obtain a certified labor certification application from the DOL employment and training administration certifying there are not sufficient and/or skilled U.S. workers to accept the specific job opportunity.
ETA Form 9089 is the application form for permanent employment certification issued by the U.S. Department of Labor. Employers fill out this form to seek permission to hire a foreign worker to be able to work in the United States permanently.
ETA Form 9141 is the application for prevailing wage determination, which is filed with the National Prevailing Wage Center (NPWC) to obtain a prevailing wage determination for the position, which are processed under the DOL regulations and guidance and provides the employer with the appropriate prevailing wage rate.
Other sources for obtaining a prevailing wage for the H-1B, H-1B1, and E-3 programs,
- Requesting a prevailing wage from the NPWC;
- Using a survey conducted by an independent authoritative source; or
- Using another legitimate source of information.
Providing comprehensive support for all aspect of the immigration process is something we value highly which is why we provide PERM application assistance as you move through the PERM process.
