What is a Labor Certification (“PERM”)?
A permanent labor certification issued by the U.S. Department of Labor (“DOL”) allows an employer to hire a foreign worker to permanently work in the United States based on job skills, education and/or experience. The labor certification application is the first step in obtaining an employment-based green card (immigrant visa). While there are five employment-based immigrant visa categories (preferences), the PERM is only required for two of the five preference categories. Once the labor certification application is approved by the DOL, it may be submitted to USCIS with the Immigrant Petition.
REQUIREMENTS
To qualify for a PERM to be filed, a foreign national must have an employer willing to sponsor them for a full-time position. An employer must show there is no U.S. citizen or Legal Permanent Resident that is minimally qualified, able or available to fill the position they are looking to permanently fill with the foreign national. In order to prove this, an employer must recruit for the position and test the U.S. labor market.
TYPES
- Employment-Based: Second Preference (“EB-2”): This category of immigrant visas are reserved for those are in professions that hold Advanced Degrees.
- Employment-Based: Third Preference (“EB-3”): This category is reserved for the following:
- Professionals: Those holding at least a Bachelor’s degree in a major related to the offered position (Engineering degree for an engineering position); and
- Skilled workers: Those with a minimum of 2 years training or experience.
LENTINI VISAS EXPERIENCE
We have assisted employers with countless successful PERM applications throughout the years. These applications have been based on positions in many different industries, including: engineering, manufacturing, software, healthcare, university, business services, research institutions, sales and others.