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Labor Certification (PERM)

What is it?

Labor Certification is a certification by the Department of Labor of the following:

  1. Qualified U.S. workers cannot be found at the time of filing the application and in the area of intended employment who are available, willing, and able to fill the position being offered to the alien; and
  2. Employing the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers.

Since March 28, 2005, Labor Certifications are obtained from the Department of Lalor through an electronic process called Program Electronic Review management (PERM).

Prior to filing some Employment Based Petitions, employers must first obtain Labor Certification from the Department of Labor.

Who needs it?

Most Employment Based Permanent Resident Petitions in the following two Preference Categories:

  1. Second Employment Based Preference (Exceptional Ability Aliens and Advance Degree Professionals); and
  2. Third Employment Based Preference (Professional, Skilled and Unskilled Workers).

Exceptions exist based on National Interest Waivers. Further few occupations are pre-certified and formerly designated as “Schedule A” positions, which include: physical therapists, professional nurses.

What is the procedure?

In order to obtain Labor Certification from the Department of Labor, the employer (petitioner) must do the following:

  1. Obtain a prevailing wage for the offered position;
  2. Give notice of the planned Labor Certification filing to the bargaining representative, if any. If there is no bargaining representative, post Notice of the job opportunity for at least 10 consecutive business days at a conspicuous place at the location of employment;
  3. Post the offered job on the in-house media normally used to post jobs (if any) such as company newspaper or intra-email;
  4. Place a job order with the state employment office serving the area of intended employment for at least 30 days;
  5. Run two consecutive Sunday advertisements seeking potential employees for the offered position;
  6. For professionals, conduct three more types of recruitment efforts by adverting the position in places such as: Job Fair, Employer’s website, other website, On-campus recruiting, Trade or professional organizations, private employment firm, employee referral program, a notice of the job opening at a placement office, Ethnic newspapers, radio and TV ad;
  7. Interview applicants and determine if any applicants are qualified for the offered position;
  8. Prepare a recruitment report summarizing the recruitment efforts and results of such efforts and prepare an audit file;
  9. Complete registration with the Department of Labor;
  10. Prepare and electronically file the Labor Certification Application under the PERM process, no sooner than 30 days and no later than 180 days of conducting the recruitment efforts; and
  11. If requested, respond to audit(s) by the Department of Labor.

Fees:

The following is the attorney’s fee that the Law Office of William Jang, PLLC charges for a typical Labor Certification filing with the Department of Labor. The listed fees do not include the subsequent fees required for filing the relevant petitions and applications with United States at the US Citizenship and Immigration Services (US CIS) (please read the disclaimer on this page) and the filing fee currently charged by US Citizenship and Immigration Service (US CIS):

  • $3,000.00 attorney’s fees
  • Cost of Advertisement (varies)

Experience:

The Law Office of William Jang, PLLC has extensive experience representing and assisting companies to obtain Labor Certifications. Please see a sample of approved cases.

What do we need to get started?

Sample Retainer Agreement

Employment Base Labor Certification

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