The PERM Labor Certification is the first step in the Employment Based Immigrant Sponsorship Process for hiring unskilled, skilled or professional foreign workers for permanent employment in the United States. The Labor Certification process requires U.S. employers to check for the availability of U.S. workers through a recruitment process that includes specific advertising and interviewing requirements. If an U.S. employer is not able to find a qualified or willing U.S. worker for the job vacancy at the conclusion of the recruitment process, then the employer may file a Labor Certification with the U.S. Department of Labor (DOL) requesting to hire a foreign worker.
1. Prevailing Wage: The U.S. Employer/Sponsor must agree to pay the foreign worker the prevailing wage for the occupation and locality as determined by the U.S. Department of Labor (DOL).
2. Priority Date: The filing of a Labor Certification that is accepted for processing secures a “Priority Date” for the Foreign Worker to count towards the availability of an Immigrant Visa, which can be checked on the U.S. Department of State (DOS) monthly Visa Bulletin for free.
If you are a U.S. Employer and are interested in hiring a foreign worker, please schedule a Consultation with Serianni Law to discuss the legal requirements and filing procedures. Also, Contact Us for free initial information and pricing.