The Labor Certification process, commonly known as PERM, is one in which a U.S. employer sponsors an employee’s immigration to the United States. While any job can qualify for Labor Certification, the process is designed to ensure that foreign nationals are not taking jobs from qualified U.S. workers. According to the current PERM standard, Labor Certification will be granted if there are no U.S. workers able, willing, qualified, and available to accept the job at the prevailing occupational wage 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.
Candidates must ensure appropriate follow-up: maintaining proper contact, resume considerations, and interview scheduling.
Employers must respond to wage requests, both those provided on the U.S. Bureau of Labor Statistics’ Occupational Employment Statistics site (http://www.bls.gov/oes/) and those that are survey driven. Some employers also have difficulty with following through on the three forms of wage review at the Prevailing Wage Center or the U.S. Dept. of Labor’s Board of Alien Labor Certification Appeals (BALCA).
Employers must fulfill the PERM’s newspaper advertising requirements and the ten additional recruitment steps. Legal compliance is challenging as it involves apprising U.S. workers about the job opportunity via expensive newspaper ads, and ensuring that each ad presents the right amount of detail. Moreover, petitioners are often unsure about the number of required posting days for the recruitment notice, what must be stated in the recruitment report, and other specific concerns.