Perm labor certification

USCIS Continues Suspension...

The U.S. Citizenship and Immigration Services (USCIS) has extended the suspension of premium processing services ...

H-2B TRACKER: H-2B Cap ...

The U.S. Citizenship and Immigration Services (USCIS) declared that it has received a sufficient number of petitions...

H-2B TRACKER: Cap Count..

The United States Citizenship and Immigration Services (USCIS) has provided the latest H-2B visa cap count. ...

Comment Period Closed for Proposed...

The USCIS published a proposed regulation on August 22, 2007, in the Federal Register that, when implemented...

Immigration >> Employment Based Petition >> Perm labor certification

A brief description of PERM-Labor Certification Process
The Program Electronic Review Management (PERM) is the most recent labor certification program that allows US employers to appoint immigrant aliens (on a permanent basis) or nonimmigrant aliens (on a temporary basis) to work in the United States. Federal Immigration laws and regulations permits an employer to hire an alien only if the USDOL (U.S. Department of Labor) certifies that there are no minimally qualified U.S. employees for the position. PERM labor certification rule was officially published on December 27, 2004. Introduced by the Department of Labor, the rule takes effect on 28th March, 2005. All labor applications filed on or after March 28, 2005 will be processed under PERM procedures. The applications filed before that date will be processed under current rules for as long as it takes to finish such processing. A brief description of Permanent Labor Certification (LC This is the most generally used employment-based opportunity for attaining a permanent residency status (“green card”) in the U.S. It necessitates an employer to prove that there are no qualified U.S. employees available and willing to do the job. Once the DOL approves this application, the employer will be capable of applying to the USCIS (U.S. Citizenship and Immigration Services) for green card for the foreign worker. Labor certification applications are processed in two time frames. There are applications filed before March 28, 2005, which will be processed either under “RIR” (Reduction in Recruitment) or under "standard" procedures. Applications filed on or after March 28, 2005 will be processed under PERM labor certification program. The basic requirements for any type of labor certification application filed under PERM, RIR, or "standard" procedures are exactly the same. These requirements include full-time employee, permanent job, reasonable job requirements, prevailing wage, etc

Labor Certification:
There are several ways of applying for US permanent residence (or "green card" status). The most common employment-based method is through labor certification. Labor certification is an official government finding that willing and qualified U.S. workers are not available to fill the position in question and that employment of a foreign national will not adversely affect the wages and working conditions of similarly situated US workers. As of March 28, 2005, all labor certification applications must be filed in accordance with the Department of Labor's (DOL's) newly issued PERM regulation.

PERM
Under PERM labor certification, the DOL is wholly responsible for the review and adjudication of labor certification applications, and the State Workforce Agencies are no longer involved in the review process. Preparation of the labor certification application package, even under PERM, will remain complex and will take more preparation time than the typical nonimmigrant (H or L) petition. When complete, the labor certification application will be submitted electronically to a national DOL processing center. Electronic filing should greatly reduce the number of reoccurring backlogs in the queue, resulting in much shorter processing times. The date of submission of the online form will serve as the priority date for the entire permanent residency process (i.e., one's place in the green card queue) The DOL will carefully review the labor certification application for completeness and adequacy. The DOL may perform an audit of the application and request that documentation of the application be submitted. The online system may randomly select cases for audit as well. When review is complete, the DOL will either issue its approval or other decision based on the merits of the application. Approved applications will be returned to attorneys handling the case, and both the employer and the employee will be required to sign the approved application before it can be used in the second stage of the process.

Permanent Labor Certification
A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. In most instances, before the U.S. employer can submit an immigration petition to the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS), the the employer must obtain an approved labor certification request from the DOL's Employment and Training Administration (ETA). The DOL must certify to the USCIS that there are no qualified U.S. workers able, willing, qualified and available to accept the job at the prevailing wage for that occupation in the area of intended employment and that employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers. To improve the operations of the permanent labor certification program, ETA published a final regulation on December 27, 2004, which required the implementation of a new re-engineered permanent labor certification program by March 28, 2005. This new electronic program has improved services to our various stakeholders. As of March 28, 2005, ETA Form 750 applications were no longer accepted under the regulation in effect prior to March 28, 2005, and instead new ETA Form 9089 applications had to be filed under PERM at the appropriate National Processing Center. Applications filed under the regulation in effect prior to March 28, 2005, have continued to be processed at the appropriate Backlog Elimination Center under the rule in effect at the time of filing. Only if an employer chose to withdraw an earlier application and refile the application for the identical job opportunity under the refile provisions of PERM was a previously filed ETA Form 750 application filing date considered under the PERM regulation.

Some important points about PERM Labor Certification Program
• PERM regulations must be followed for all LC applications filed on or after March 28, 2005. • PERM green card applications will be filed electronically (or by mail) directly with the Department of Labor. • The system is predicted to process labor certification applications within 45-60 days rather than the months and years requisite under "standard" processes or RIR procedures. Though the system is expected to lessen the amount of time it takes to certify an LC application, the PERM procedure is also predicted to be much more stringent by way of requirements and regulations. • One of the biggest changes in the certification program is that previously, the employer was permitted to file the application and then amend deficiencies. Now under the new program, the employer will receive either an approval or denial. • The US employer must appoint the alien as a full-time employee, not part-time. • The employer must pay at least the “prevailing wage” for the job in the area of intended service. The DOL/State Workforce Agency decides the prevailing wage for the particular job opportunities, based on the employer's job description and minimum experience/education requirements for the position. The USDOL may approve or deny certification. If certification is approved, the employer may petition the CIS, formerly INS (Immigration and Naturalization Service), to grant the alien authority to work permanently or temporarily in the U.S., depending on the nature of the application.

Newsletter Subscription

Family-Base Petition

Here are some efficient ways to be eligible for permanently immigrating to United States such as your close relatives are in USA who sponsor you

Green card immigration

A green card is a life-long visa ("pass") allowing a foreigner to live and work in the United States.

US Citizenship

Citizenship is one of the most coveted gifts that the U.S

Employee based:

The Immigration and Nationality Act provides a yearly minimum of 140,000 employment-based immigrant visas which are divided into five preference categories.