A foreign national who has been offered a permanent employment in the United States are required to establish a basis of eligibility for filing an employment-based petition, either by labor certification, or under a schedule A category. If you are a foreigner who has been offered a permanent job in the United States, but you are unable to meet the criteria for labor certification exemption, you need to get an Alien Employment Certification. By any circumstance that US workers are unable, unwilling or not qualified for the position, the permanent position may be handed to a foreigner under the protection of the U.S. Department of Labor.
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 involves all recruitment should be conducted before filing the application and it must be done within 6 months of 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. Upon submitting the labor certification application, the DOL software decides based on set rules. System-programmed denial reasons include: expired prevailing wage determination coming from SWA; the job order didn’t run for 30 days; the labor certification application was submitted 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 outside 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.
Once the U.S. DOL determines that the audit letter is consistent on Form 9089, and it is complete, the application will be certified either as application approved, application denies, or supervise recruitment. Once the labor certification has been issued, it is valid indefinitely as long as the job offer remains 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 plan to file a labor certification application? Allow us to help you with our labor certification services, feel free to check our homepage or website now.