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Labor
Certification:
Applications for permanent resident status based on labor
certification fall into 3 categories, the advanced degree
worker, the skilled worker or professional and the unskilled
worker.
A Labor Certification is a process of obtaining a certification
from the DOL that a particular job, which is the subject of
the application, is available for a non U.S. resident or citizen.
With this certification, the CIS has permitted the
applicable foreign national to obtain his or her permanent
resident status in the U.S.
The Labor Certification Process (PERM):
The new system is an online filing of the application requiring
pre-filing compliance, recruitment, and anti fraud requirements.
A recruitment is still done in advance of the filing but new
recruitment requirements vary by type of application and industry.
Employer responsibilities:
The employer must have a good faith intent to hire the alien
on a permanent basis once permanent resident status is granted.
At the outset of the application the employer must sign that
a job offer exists and provide any information concerning
the job. The employer is also required to sign that it will
pay the wage offered in the application, which is now 100%
of the prevailing wage for the occupation in the job location.
This wage must be paid at the time that the permanent resident
status is granted. |
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the employer must conduct a bona fide recruitment effort.
The employer must notify his employee’s bargaining representative
if there is one that exists or his employees by posting notices
of the job opening at the place of employment for ten working
days. The job posting must contain the job title, a detailed
description of the job duties, the education and experience
requirements, the salary and hours of the job and the name
and telephone number of the person to contact at the business
for more information. The employer must account for
every individual referred by advertising or by other recruitment.
The results must be accounted for and may be audited by the
DOL. |
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THE
HOLT LAW GROUP
