PERM labor certification is a process that employers go through in order to hire foreign workers. The employer must first prove that there are no qualified American workers who are able and willing to do the job. If the employer is able to do this, then they can begin the process of hiring a foreign worker. To obtain a PERM labor certification, an employer must first test the U.S. labor market to ensure that there are no qualified U.S. workers available to fill the positions for which they seek to hire foreign workers. If the employer can demonstrate that there is a shortage of qualified U.S. workers, they may then file an application with ETA requesting labor certification.
There are four steps in the PERM labor certification process:
- The employer must file a Notice of Filing with the Department of Labor (DOL). This notice must include information about the position that the employer is looking to fill, as well as the wages and working conditions.
- The DOL will then post the notice for ten days, during which time any interested workers may apply for the position.
- If there are no qualified American workers who apply for the position, the employer may then file an Application for Permanent Employment Certification with the DOL.
- The DOL will review the application and, if approved, will grant the employer a labor certification. With this certification, the employer may then petition for a visa on behalf of the foreign worker.
After the ads have run, if there are no qualified applicants, the employer can then file an Application for Permanent Employment Certification with the Department of Labor.
Advantages and Disadvantages
There are both advantages and disadvantages to going through the PERM labor certification process. Some of the advantages include:
-It is a relatively quick and simple process overall.
-The DOL does most of the work in terms of advertising the position and reviewing applications.
-If the employer is able to show that there are no qualified American workers for the position, it will almost certainly be approved.
Some of the disadvantages include:
-The process can be expensive, especially if the employer has to hire an attorney to help with the application.
-There is always the possibility that a qualified American worker could apply for the position after the ten-day period, which would then require the employer to start the process over again.
PERM labor certification is a necessary process for employers who wish to hire foreign workers. While it can be costly and time-consuming, overall, it is a relatively simple process. If you are an employer considering hiring a foreign worker, make sure to consult with an attorney to ensure that you are taking all the necessary steps. The process is meant to ensure that there are no qualified U.S. workers available to fill the position that the employer is looking to fill with a foreign worker. There are both advantages and disadvantages to the process, but it is generally seen as a positive step in hiring foreign workers.