Navigate the PERM Labor Certification Process Successfully
Table of Contents
- Introduction: What is Labor Certification or PERM?
- Step 1: Filing a Prevailing Wage Request
- Step 2: Recruitment Process
- Placing Ads with the State Workforce Agency
- Sunday Ads in Major Newspapers
- Other Required Ads
- Maximizing the 180-day Stretch
- Step 3: Filing the ETA 9089 Perm Application
- Possible Outcomes of the Perm Application
- Approval
- Denial
- Referral for Audit
- Dealing with Audits
- Keeping a Recruitment File
- Moving Forward: Filing the I140 with Immigration
- Conclusion
👉 Labor Certification Process: A Step-by-Step Guide to PERM Application
Are you an employer looking to hire foreign workers? Do you want to ensure that you navigate the labor certification process successfully? In this comprehensive guide, we will break down the secrets of the labor certification process, also known as PERM. From filing a prevailing wage request to dealing with audits, we will provide you with all the information you need to know to navigate this complex process successfully. So let's dive right in!
1. Introduction: What is Labor Certification or PERM?
Before we delve into the intricacies of the labor certification process, it's crucial to understand what labor certification, or PERM, is all about. Labor certification is a mandatory requirement to ensure that the hiring of foreign nationals does not negatively impact U.S. workers. It involves demonstrating to the government that the employer has followed all necessary procedures and has not discriminated against American workers.
2. Step 1: Filing a Prevailing Wage Request
The first step in the labor certification process is filing a prevailing wage request with the state workforce agency. The prevailing wage determination plays a vital role in the entire process as it determines the wage the foreign national should be paid upon approval of their green card application. This wage acts as a reference for advertising, form completion, and level of required skills. Accuracy is essential when completing this step, as any mistakes can negatively impact the success of the PERM petition.
3. Step 2: Recruitment Process
Once the prevailing wage request is filed and certified, it's time to move on to the second step - the recruitment process. The government requires employers to advertise the job opening to ensure American workers are aware and have a fair chance to apply. This step involves placing ads with the state workforce agency, publishing Sunday ads in major newspapers, and fulfilling other required advertising obligations. It is crucial to complete all the ads simultaneously to maximize the usage of the approved labor certification within the 180-day time frame.
3.1 Placing Ads with the State Workforce Agency
One of the advertising requirements is placing an ad with the state workforce agency. This particular ad will be posted on the agency's website for a specific duration. The details and specifications of this ad will be provided by the government.
3.2 Sunday Ads in Major Newspapers
In addition to the ad placed with the state workforce agency, two Sunday ads must be published in major newspapers with significant circulation. These ads are designed to reach a wider audience and attract applications from eligible American workers.
3.3 Other Required Ads
Apart from the ads mentioned above, there may be additional advertising obligations, such as placing an ad on the Internet. The specifics of these ads can be found in the provided link in the video description.
4. Maximizing the 180-day Stretch
It's essential to group all the ads as closely together as possible to avoid exceeding the 180-day period. Once the ads are placed, we recommend waiting for approximately 30 days to allow sufficient time for interested individuals to apply. This cooldown period ensures a fair chance for American workers to submit their applications before moving on to the next step.
5. Step 3: Filing the ETA 9089 Perm Application
The third and final step of the labor certification process involves filing the ETA 9089 Perm application itself. This application is filed electronically and requires an account with the Labor Department. It's crucial to follow all necessary steps and comply with the guidelines to ensure a successful submission.
6. Possible Outcomes of the Perm Application
After the Perm application is filed, it can go through several outcomes. The timing of these outcomes may vary, but they typically take a few months. The possible outcomes are as follows:
6.1 Approval
If the Perm application is approved, you can proceed to the next step, which involves filing the I140 with immigration. This is a significant milestone in the process and brings you one step closer to obtaining the green card for your employee.
6.2 Denial
In some cases, the Perm application may be denied. However, don't lose hope, as there is often an opportunity to appeal the decision or even refile the application, depending on the reason for denial.
6.3 Referral for Audit
In certain cases, the Perm application may be referred for an audit. This does not necessarily imply a negative outcome; it simply means that further examination is required. Factors that may trigger an audit include language requirements, multiple job locations, or familial sponsorship within the same company.
7. Dealing with Audits
If your Perm application is selected for an audit, it's crucial to remember that the preparation and submission of a well-documented recruitment report and related documents are vital. Keeping a recruitment file with all the ads and supporting documents can significantly streamline the audit process and eliminate unnecessary stress.
8. Keeping a Recruitment File
Throughout the recruitment process, it's imperative to maintain a recruitment file that contains all the ads and supporting documents. This ensures easy access to the required materials in case of an audit and minimizes the risk of misplacing crucial documents.
9. Moving Forward: Filing the I140 with Immigration
Once the Perm application is approved, the final step is to file the I140 with immigration. This is an essential part of the overall process and leads to the employee's eligibility for a green card.
10. Conclusion
Navigating the labor certification process, or PERM, can be challenging, but with proper understanding and guidance, you can successfully bring foreign workers on board while protecting the rights of American workers. We hope this step-by-step guide has provided you with the information you need to make informed decisions and complete the process efficiently.
Highlights:
- A comprehensive guide to the labor certification process (PERM)
- Step-by-step breakdown from prevailing wage request to filing the I140 with immigration
- Importance of accurate prevailing wage determination and proper completion of ads
- Maximizing the 180-day period and dealing with audits
- Keeping a well-organized recruitment file
FAQ:
Q: How long does the labor certification process take?
A: The processing time for labor certification can vary, but it typically takes a few months. Factors such as the time of year and the presence of an audit can affect the processing time.
Q: Can a denied Perm application be appealed?
A: Yes, there is usually an opportunity to appeal a denied Perm application. However, it's essential to assess the reason for denial and consult with an immigration attorney to determine the best course of action.
Q: What happens if the Perm application is selected for an audit?
A: If your Perm application is audited, it simply means that the application requires further examination. While it may extend the processing time, audits can be successfully addressed with proper documentation.
Q: Is it necessary to keep a recruitment file?
A: Yes, keeping a recruitment file with all the ads and supporting documents is highly recommended. It simplifies the process in case of an audit and ensures that all necessary materials are readily available.
Q: What is the next step after the Perm application is approved?
A: After the Perm application is approved, the next step is to file the I140 with immigration. This is a crucial part of the process that leads to the employee's eligibility for a green card.
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