Understanding the Labor Certification
Officially called the Alien Employment Certification, this document is required for any foreign person wishing to work in the US unless they qualify for the waiver exemption. This approval is obtained through the Department of Labor. It is initiated by the employer, who must meet all the criteria to satisfy the DoL.
The terms of the labor certification require the employer to show evidence that they thoroughly attempted to hire within the US, that no US worker will be displaced by hiring a foreign national, and that hiring this person will not adversely affect any working conditions of similar native employees. These are in addition to other factors that the employer must attest to before a labor certification is approved.
Using PERM as Part of the Labor Certification Process
PERM stands for Program Electronic Review Management. This system took effect in March 2005 as a method of ensuring further protection for US workers and creating faster decisions for labor certification rulings.
The PERM system measures the factors that are necessary for labor certification approval. Each of these criterion must be completed before applying for the certification, but not later than six months before the application date.
The program is set up to automatically deny certifications if keywords in specific fields don’t meet the set of approved terms. These automatic denials include common rejections such as:
● Expired prevailing wage determinations from the State Workforce Agency (SWA),
● Lack of evidence that a job offer was posted on the SWA for a full thirty days,
● Incomplete wait period before the certification was filed (less than 30 days after the job order completion or posting or the last step in recruitment,
● The Form 9089 recruitment steps were taken outside of the approved period.
Once the PERM system approves the job opening request for certification, the business is called to ensure the job offer remains valid. From there, an analyst reviews the application for its final check. Provided no issues arise, and an audit isn’t requested, the employer receives a certified application and can move on to the next step in obtaining a work visa.
Skipping the Long Wait for a PERM Labor Certification
From start to finish, obtaining a labor certification is a lengthy process. Employers must begin the recruitment steps six months before they want to file the paperwork with the DOL while still ensuring their job postings and other steps fall within the 180/30-day requirements. Many employers choose to work with a skilled immigration lawyer to maximize their chances of approval and reduce the potential for errors during this complicated period.
However, it’s possible to skip the wait and head straight to the filing process if you can prove you don’t need a sponsor for employment. Individuals with exceptional abilities in a field that the US would see as of national interest may sponsor themselves under an EB-2 National Interest Waiver.
Qualifying for this category begins with the EB-2 criteria. You must have an advanced degree in your field and evidence of your education and work experience. Should you meet the terms of an EB-2 secondary preference visa, you then complete the paperwork and scrutiny of an NIW, demonstrating to the US personnel reviewing your file that you are important enough to be someone of national interest in the government.
Understandably, this is a difficult bar to reach. If you believe you may qualify for an NIW and wish to skip the long PERM process, reach out to your immigration lawyer before proceeding. You must argue your case without any gaps, and you only get one chance before you have to start the whole process over again.
What’s Next?
Whether you wish to enter the US under a regular work visa or you think you have what it takes to qualify for National Interest status, contact Visa2US to get started. Our skilled legal professionals have helped countless people obtain the necessary visa for their unique situations and further their careers overseas. We’re available 24/7 and ready to guide you along this journey today!
