Labor Certification

The labor certification process is usually the first step in employment-based immigrant petitions. 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 employer must obtain a labor certification approval from DOL. 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. All applications filed after March 28, 2005, are subject to new PERM regulations.

What we can do for you?

• Help you determine whether your case requires a PERM labor certification (many cases do not).
• Help you navigate the PERM labor certification process with a view towards obtaining PERM approval within the standard review period and without any delays.
• Help you determine the applicable requirements and work with the employer to address any discrepancies.
• Help you obtain prevailing wage report.
• Help you prepare pre-recruitment report.
• Prepare and file PERM, ETA Form 9089.
• Assist the sponsoring employer with Supervised Recruitment, if necessary.
• Help you address any post-filing inquiries.

Related Articles:

• Updates from Department of Labor
• Prevailing Wage Request Delays Under iCert Form 9141 System
• AAO Decision on Substituted Labor Certifications
• H-1B Filing Fees – Who Can Pay What?
• DOL Performance Report for 2009Q2
• Current PERM Processing Dates/Times (as of December 31, 2009)
• Neufeld Memorandum on Form I-140 Successor-in-Interest