Demystifying Labor Certification (PERM) for Employment-Based Visas

What is Labor Certification (PERM)?

Labor certification is a process through which U.S. employers demonstrate to the Department of Labor (DOL) that there are no qualified U.S. workers available to fill a specific job position that they intend to offer to a foreign worker. This process ensures that hiring foreign workers will not negatively impact U.S. workers’ job opportunities.

Key Steps in the PERM Process:

1. Job Advertisement: Employers must advertise the job position through specific recruitment methods as required by the DOL.
2. Recruitment Period: The job posting must remain open for a specified period, allowing potential U.S. workers to apply.
3. Application Submission: After the recruitment period, the employer submits a PERM application to the DOL, providing evidence of recruitment efforts and the lack of qualified U.S. workers.

Role of the Department of Labor (DOL)

The DOL reviews the employer’s PERM application to ensure compliance with regulations and verifies that the hiring of a foreign worker will not adversely affect U.S. workers’ job opportunities. If approved, the employer can proceed with sponsoring the foreign worker for an employment-based visa.

Benefits of Labor Certification:

• Allows U.S. employers to hire skilled foreign workers for positions that cannot be filled by U.S. workers.
• Facilitates the process of obtaining employment-based visas such as the EB-3 visa for eligible foreign workers.
• Ensures fair and lawful hiring practices in accordance with U.S. immigration laws.

Labor certification (PERM) is a crucial aspect of the employment-based visa process, providing opportunities for U.S. employers to fill critical job positions with qualified foreign workers. By understanding the PERM process and its requirements, employers and foreign workers can navigate the immigration system effectively and ethically.