Immigrant employees who went in the PERM labor certification process.

What Is PERM Labor Certification?

  • Jul 8 2020

Many departments of the U.S. government play a role in immigration and managing its impacts on the country. One such department is the U.S. Department of Labor (DOL). DOL works to make sure that admitting foreign workers into the U.S. for work does not have adverse impacts on job opportunities, wages, or working conditions of U.S. workers. One way they seek to accomplish this is through PERM labor certification.

Overview of PERM Labor Certification

Program Electronic Review Management (PERM) is the system in place for getting a Labor Certification. It is often referred to as PERM Labor Certification. Obtaining this certification is the requisite first step in obtaining an employment-based immigrant visa for a foreign national looking to come to the U.S. for work. The employer submits an ETA Form 9089 to the DOL in order to obtain labor certification. If successful in navigating the labor certification application process, DOL will certify to USCIS that there are not sufficient U.S. workers who are able, willing, qualified, and available to accept the job offered to the foreign worker at the prevailing wage for that occupation in the area of intended employment. The DOL will also certify that admitting the foreign national to work in the U.S. will not have an adverse impact on the wages and working conditions of similarly situated U.S. workers.

The PERM labor certification process itself has a number of different requirements that the employer must meet to have a successful application. For instance, there are several recruitment steps that must be taken in order to help ensure that there are no willing, qualified, and available U.S. workers to take the job. Additional requirements for labor certification applications include the fact that the employer must be hiring the foreign worker as a full-time, not part-time or seasonal, employee. The position being offered must also be permanent. The educational and experience requirements of the job position that are specified by the employer need to be aligned with those customarily required for such an occupation. The requirements must also not be “unduly restrictive.”

A specific requirement of the PERM process is establishing that the wage being offered to the foreign worker is the prevailing wage, or more, for the occupation in the intended area of employment. Essentially, the prevailing wage is about the average wage paid by other employers to other employees holding comparable job positions. The prevailing wage may be established by accessing DOL wage statistics. It may also be determined through salary surveys complying with certain specific and strict criteria. Additionally, the wage being proposed by the employer must be basically the same wage that the employer is paying to similarly qualified employees. 

Immigration Attorney

If you are a U.S. employer looking to bring a foreign national to the U.S. to work for you, Talamantes Immigration Law can help you through the process. The PERM process is specific and detailed. We can help you comply with its requirements to see you succeed in your labor certification application. Contact Talamantes Immigration Law Firm today.


Posted in: Employment Based Immigration, Immigration Law