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If you are a U.S. employer, you will need a Permanent Foreign Labor Certification to hire foreign workers. This is issued by the Department of Labor (DOL) and allows aliens to work permanently in the U.S.
Your employers cannot submit their Green Card petition if you do not obtain an approved Labor Certification. The USCIS will required it to check if your company meets the requirements to hire international employees.
To get a license, you must file your Labor Certification application and your ETA Form 9089. This is known as the Application for Permanent Employment Certification, and must be submitted to the DOL.
A Foreign Labor Certification is mandatory for every U.S.-based business that employs international workers. It guarantees that the employment of foreign nationals will not affect the working conditions and the wages of U.S. employees.
You also need a Labor Certification to hire employees to perform services on a seasonal or intermittent basis. Once you got your H-2B Labor Certification, you can hire foreign workers for not longer than one year.
The PERM Labor Certification is suitable for U.S. companies that want to employ foreign workers permanently.
It is used to seek and hire either:
EB2 Green Card applicants may be eligible for the National Interest Waiver (NIW) if their activities can be in the interest of the country.
You can submit your PERM Labor Certification application form if you are looking for foreign workers to fill a job position that is:
To qualify for a PERM Foreign Labor Certification, you must satisfy the following criteria:
To get your Foreign Labor Certification, you must file the ETA Form 9089 with the Department of Labor. This is the first step of your PERM Labor Certification Process.
Before you can proceed, you must obtain a Prevailing Wage Determination from the National Prevailing Wage. The DOL will then check if the offered salary for the job opportunity complies with the prevailing national wage.
Depending on the nature of the job, you must perform a set of recruitment steps before you can hire foreign workers. You must advertise the position providing extensive details of the job requirements. The ad must contain the following information:
You must interview all candidates who apply for the job, and you believe that meet the requirements. You can reject their applications for job-related reasons. However, if you identify a qualified U.S. worker, you cannot get a Foreign Labor Certification. Likewise, if an U.S. worker applies for the PERM position at any stage of the recruitment period, the entire Certification process must halt.
Do not forget to prepare a Recruitment Record, since the DOL requires it as a part of your Audit File. This is a complete record of the applications you received and the candidates interviewed.
If no U.S. worker can do the job, you can file your ETA Form 9089. Your application must describe in details the position. You must include the duties and the experience that applicants must possess to meet the criteria. Do not forget to file your form within 180 days of your recruitment period.
Before approving your request, the DOL will require a copy of your recruitment method and other additional information. You may also be asked to review more U.S. workers before you can hire foreign employees.
Your Labour Certification application process may take several years. Likewise, the Green Card process for foreign workers is often subject to a long waiting time. For this reason, you should ensure that your Certification will still be valid when your employees receive their visa.
Any changes to the PERM position (promotions, salary raises, or employee relocations) must be notified to the DOL. Be aware that if the position conditions change from the ones listed on your authorization, you must file a new PERM application.
You need to file a successful PERM Labor Certification application before you can hire foreign workers. This is a fundamental step for every employer who wishes to fill in a specialized job position with international staff. Without your Foreign Certification, your employers will not be able to file their Green Card application.
The PERM Labor Certification application process is very complicated and involves different steps. For this reason, it is essential to seek legal help. At IAS, our immigration lawyers are experienced in employment-based visas. This means they can offer the best guidance in obtaining your Foreign Labor Certification.
Your IAS’ immigration lawyer will:
Get in touch today to arrange a first consultation with one of our experts. You can call us on +1844 290 6312 or use our online contact form.
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