Obtain Your Labor Certification
Do you want to live and work permanently in the United States?The PERM Labor Certification is an essential step for many foreign workers seeking to obtain permanent residency (Green Card) through a job offer. At JAL LAW, we guide you through this process safely, efficiently, and in full compliance with all U.S. Department of Labor requirements.
What is the PERM Labor Certification?
The PERM Labor Certification (Program Electronic Review Management) is the first requirement for an employer to sponsor a foreign worker. Through the PERM process, the employer must demonstrate that there are no qualified and available U.S. workers for the offered position and that hiring the foreign worker will not adversely affect the wages and working conditions of U.S. workers.
Requirements to Begin the PERM Process
- A permanent, full-time job offer from a U.S. employer.
- The position must be full-time and not temporary.
- The foreign worker must meet the employer’s educational and work experience requirements.
- The employer must conduct a specific recruitment process, including posting job ads and conducting interviews.
Benefits of the Labor Certification
- Initiates the process for obtaining permanent residency in the U.S.
- Allows qualified professionals to work legally in specialized occupations.
- Opens the path to apply for visas such as EB-2 or EB-3.
- Enables inclusion of the spouse and children in the immigration process.
- Provides long-term employment and immigration stability.
How Does JAL LAW Help You?
Step 1:
Initial evaluation of the job position and the foreign worker’s qualifications.
Step 2:
Full guidance for the employer to meet all Department of Labor requirements.
Step 3:
Drafting and overseeing required job advertisements.
Step 4:
Preparation and filing of the ETA Form 9089.
Step 5:
Ongoing support and legal representation in case of audits or additional requirements.
Frequently Asked Questions
Do all EB-2 visa categories require Labor Certification?
No. The EB-2 with National Interest Waiver (NIW) does not require Labor Certification, as it allows applicants to show that their admission would benefit the national interest. However, the standard EB-2 and the EB-3 categories do require Labor Certification.
How long does the Labor Certification process take?
The PERM process can take between 6 and 12 months, depending on whether audits are triggered.
Who files the PERM application?
The employer must file the application; the worker cannot file it independently.
Can I change employers during the process?
No. The certification is tied to a specific employer and a specific job position.
What happens after obtaining the Labor Certification?
You can proceed with filing the immigrant petition (Form I-140) and later move forward with adjustment of status or consular processing.
