If you are a foreigner in the United States and you were offered a permanent employment, you need to establish an eligibility to file an employment-based preference petition, through labor certification, exemption from labor certification, or under a schedule A category. As a foreigner who has been offered a permanent job in the US, you have to obtain an Alien Employment Certification if ever you won’t meet the criteria for labor certification exemption, which is also called as the labor certification from the U.S. Department of Labor. The labor certification aims to protect US citizens by prioritizing them before foreign nationals when it comes to available jobs, and if there is no qualified US citizen, then that’s the time that a foreigner can take over.
The Department of Labor established a new labor certification procedure known as Program Electronic Review Management or PERM, that is intended to facilitate faster labor determinations. The PERM process should have an implementation of recruitment before the filing of an application, and it should be done within six months prior to filing. The Employment Service is the one verifying the offered job, posting the job opening for thirty days, and the employer advertising the position on a trade journal or newspaper. The DOL software will review every labor certification application based on set rules, and it will decide upon criteria selected, pulling problematic applications from the audit. The reasons why the labor certification application is denied by the system, include: expiration of prevailing wage determination from SWA; the job order didn’t run for 30 days; the labor certification application submission happened less than 30 days from the end of completion of the job posting, job order, or last step of recruitment; and the labor application listed on the Form 9089 is beyond the 180-/30-day recruitment period. Just to validate that the employer is offering the job to the foreign national, a DOL representative will contact the employer via phone call or email.
It is important for the audit letter to be completed and it should be consistent with the Form 9089, so it will be certified as either approved, application denies, or supervise recruitment. The labor certificate is valid indefinitely as long as the job offer is available. No amendment or modification is allowed once the labor certification application has been submitted. The USCIS will be the one to decide if changes can be made to the labor certification. Do you need to know more about labor certification or PERM? Allos us to help you get approved for labor certification through our excellent labor certification, come and check us out by visiting our homepage or website now for a stress-free and hassle-free labor certification experience.