The PERM Labor Certification Process is the procedure that a U.S. employer must follow to sponsor an immigrant worker for lawful permanent residence status. The goal of the PERM Labor Certification Process is to ensure that immigrant workers are not taking jobs from qualified U.S. workers. Obtaining an approved labor certification by the U.S. Department of Labor is the first and usually most difficult step in the PERM sponsorship process. There are several steps involved and it is essential that a U.S. employer completes each step properly and in a timely manner to avoid any delay and ensure labor certification approval.
In general, a U.S. employer must (1) obtain a prevailing wage determination (PWD) from the U.S. Department of Labor; (2) engage in “good faith” job recruitment efforts that are genuinely calculated to attract qualified U.S. workers to the position being offered; and (3) electronically file the completed PERM application (form ETA 9089) with the U.S. Department of Labor.
The most critical step of the PERM process is the employer’s recruitment efforts because it demonstrates that there are not enough willing, able, and qualified U.S. workers to do the specific job being offered to the immigrant worker. Nevertheless, employers understandably are not always clear what a “good faith” job recruitment effort entails. Is a newspaper or online ad sufficient? How long should the posting be up? Does this include job fairs or on-campus recruiting? Further, how should a U.S. employer handle the application intake and interview process of U.S. qualified workers who apply?
To help you better understand the PERM application process, Carr Maloney, PC is pleased to announce that it will be offering its FREE The ABCs of the PERM Process webinar on Monday, June 1, 2015, from 1:00-2:00 p.m. EST. The webinar will be led by Tina Maiolo, Esq., an experienced business immigration attorney and designated referral counsel to the Embassy of Italy in the United States.
To register for the webinar, please click here.