The Ultimate Guide to PERM Labor Certification Process in 2018
Table of Contents
- Introduction
- What is a Labor Certification?
- Step 1: Filing a Prevailing Wage Request
- Step 2: The Recruitment Process
- Step 3: Filing the PERM Application
- Possible Outcomes: Approval, Denial, or Audit
- Dealing with Audits
- Recommendations for the Recruitment Process
- Conclusion
- FAQs
📜 Introduction
In this article, we will delve into the intricacies of the labor certification process, also known as PERM. We will explore what exactly a labor certification is and why it is required. Furthermore, we will guide you through the step-by-step process of obtaining a labor certification, including filing a prevailing wage request, conducting the recruitment process, and finally filing the PERM application. We will also discuss the possible outcomes of the application and how to handle audits. So, let's embark on this journey to uncover the secrets of the labor certification process.
📚 What is a Labor Certification?
A labor certification, also known as PERM (Program Electronic Review Management), is a crucial step in the employment-based green card process in the United States. It is designed to ensure that the hiring of a foreign national for a specific job position does not negatively affect U.S. workers. The labor certification process involves demonstrating to the government that all necessary requirements have been met and that there has been no discrimination against qualified U.S. workers.
📝 Step 1: Filing a Prevailing Wage Request
The first step in the labor certification process is to file a prevailing wage request with the state workforce agency. The prevailing wage request is a vital part of the process as it determines the wage that should be paid to the foreign national upon approval of their green card. This wage plays a crucial role in various aspects of the application, such as advertising and determining the level of skill required for the job. It is essential to file the prevailing wage request correctly on the appropriate form, ensuring accuracy in job duties, as they cannot be changed later on.
Pros:
- Allows the determination of an appropriate wage for the foreign national.
- Ensures compliance with government regulations regarding wage requirements.
Cons:
- Mistakes in this stage can have adverse effects on the overall application process.
📝 Step 2: The Recruitment Process
Once the prevailing wage request is filed, the next step is the recruitment process. The government requires employers to publicize the job position to ensure American workers have a fair chance to apply. This includes placing one ad with the state workforce agency and two Sunday ads in a major newspaper circulation. Additionally, there may be other required ads, such as internet postings. It is crucial to time the ads correctly to maximize the 180-day validity period of the approved labor certification. After completing the recruitment process, it is recommended to wait for approximately 30 days to allow sufficient time for interested American workers to apply.
Pros:
- Demonstrates a fair opportunity for American workers to apply for the job.
- Meets government requirements for job advertisement.
Cons:
- Must carefully orchestrate timing to optimize the approved labor certification.
📝 Step 3: Filing the PERM Application
After the recruitment process, the next and final step is to file the ETA 9089, which is the PERM application itself. This application is filed electronically, and employers need to create an account with the Labor Department to complete the process. Once filed, the PERM application can have several outcomes. It may be approved and certified via email, denied, or referred to an audit. The timing of these outcomes can vary, and if an audit is triggered, it may prolong the processing time.
Pros:
- Approvals lead to the next step in the green card application process.
- Audits can be successfully responded to with proper documentation.
Cons:
- Denials may require an appeal or refiling.
🧐 Possible Outcomes: Approval, Denial, or Audit
When the PERM application is processed, it can result in one of three outcomes: approval, denial, or an audit. If approved, the employer can proceed with filing the I-140, which is the immigration petition. If denied, there may be an opportunity to appeal or refile, depending on the reasons behind the denial. In the case of an audit, additional documentation and information will be required to address the concerns raised by the audit.
🧐 Dealing with Audits
While receiving an audit is not uncommon, it does extend the processing time. Audits can be triggered by various factors, such as language requirements, jobs in multiple locations, or existing family sponsorship within the same company. Nonetheless, audits can be managed successfully by thorough documentation and proper response.
💡 Recommendations for the Recruitment Process
To ensure a smooth recruitment process, we recommend keeping a comprehensive recruitment file. This file should include all ads placed, tears of newspaper ads, and other relevant documents. Having these documents organized and readily available will simplify the process in case of an audit, saving time and effort.
👋 Conclusion
Obtaining a labor certification, or PERM, is a crucial step in the journey towards a green card for foreign nationals seeking employment in the United States. Understanding the intricacies of the labor certification process is essential to navigate through the various steps and potential outcomes. By following the procedures diligently and being prepared for possible audits, employers can increase their chances of obtaining a successful labor certification.
FAQs
Q: What is the purpose of a labor certification?
A: The purpose of a labor certification is to ensure that the hiring of a foreign national does not negatively impact U.S. workers.
Q: How long is a labor certification valid?
A: A labor certification is valid for 180 days once approved.
Q: What happens if my PERM application is denied?
A: Depending on the reasons behind the denial, you may have the option to appeal or refile.
Q: How should I handle the recruitment process?
A: It is recommended to keep a comprehensive recruitment file with all ads and relevant documents in case of an audit.
Q: What can trigger an audit?
A: Audits can be triggered by various factors, such as language requirements, jobs in multiple locations, or existing family sponsorship within the same company.
