THE HOLT LAW GROUP

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.
Additionally 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.