Before starting the application, KLF will consider your specific situation and evaluate every immigration option available to you. If KLF finds that PERM is not your best course forward, KLF will assess alternatives such as a National Interest Waiver or EB1 petitions that avoid a labor certification application altogether.
Filing for a permanent labor certification is the responsibility of an employer. Filing a labor certification is complex, lengthy, and varies by program. KLF will facilitate your application by taking the following steps:
All labor certifications since 2005 are filed with PERM, which stands for Program Electronic Review Management. PERM is required to obtain an EB-2 or EB-3 immigrant visa. PERM is the first step after the employer makes a job offer to the foreign worker. PERM is a complex, multi-step process.
Labor certification is not required for certain employment-based petitions, including National Interest Waivers and EB-1 petitions. In such cases, the immigration process starts with filing the petition, rather than with the labor certification application process.
Originally, DOL expected an electronically filed PERM labor certification application not under audit to be adjudicated in roughly 45 to 60 days. The processing time for PERM applications tends to fluctuate; up-to-date timeframes can be found at the link here. Link to Department of Labor for Processing Times for Prevailing Wage Determinations, PERM Processing, H2A and H2B Processing Times
In brief, the PERM process requires the petitioning employer to conduct a series of recruitment activities to test the labor market before filing a labor certification application. If, during the recruitment process, the employer finds that there is not a sufficient number of able, qualified, and willing applicants, whether U.S. citizens or permanent residents, then the employer can submit a PERM labor certification application.
Under PERM regulations, employers may submit the labor certification application either electronically or by mail to DOL. While employers do not have to submit supporting documents at the time of filing, they must have conducted all recruitment activities and compiled all documentation prior to filing. Employers must demonstrate recruitment activities by showing website printouts, newspaper tear sheets, and job orders. An employer should save such documentation for five years in case of an audit or review.If DOL selects a case for auditing, the petitioning employer is required to submit all requested documents within 30 days.
After DOL approves a labor certification, the employer must file an associated immigrant petition with USCIS before the labor certification’s validity period, which lasts 180 days, expires.
Filing an application for PERM labor certification is lengthy and complex. It involves a thorough review of the following aspects of a job position and the prospective employee:
An employer first agrees to sponsor an alien beneficiary for a PERM labor certification application.
The DOL does not allow employers to require unduly burden U.S. workers in order to hire outside labor. Were an employer to require more years of education or experience than is permitted to require, the employer may be required to justify the business necessity. An accounting position, for example, is permitted to require a maximum of four years of experience for a Job Zone level 4 position. If an employer requires a Bachelor's Degree, which the DOL equates to two years of experience, education, or training, as well as three years of actual experience, the employer has effectively required five years and has thus exceeded the four years permitted. The DOL may consider the requirements to be unduly restrictive
The DOL uses Job Zones and SVP to distinguish between low and high-skill jobs.
'Good faith recruitment', whih means recruitment genuinely calculated to attract any available U.S. workers, is required to demonstrate to the DOL that no willing and qualified U.S. workers applied for the job opportunity. Three mandatory advertisements are required for PERM.
All of the advertisements must be less than 180 days old at the time of filing the PERM application; therefore, we usually recommended that employers place all of the advertisements at the same time (or close to the same time) if possible.
Once the advertisements are complete and expire, a time period of 30 days must run. If at the end of the 30 days, no qualified and willing U.S. workers applied, the employer may file PERM application with the DOL using ETA Form 9089. This waiting period begins the day after the last ad expires; the employer cannot file the ETA 9089 until 30 days following the most recently placed ad's expiration. After the employer and alien have reviewed the application, the attorney submits it.
The date DOL receives the labor certification application is known as the filing date. For USCIS and Dept of State purposes, the filing date is considered the priority date. The attorney receives an e-mail from DOL confirming receipt of the application.
After filing the ETA Form 9089, you will wait several months for the DOL to adjudicate the PERM. The DOL can (1) approve the PERM (2) deny the PERM or (3) audit the PERM.