When an alien or foreigner is offered a permanent employment in the United States, he needs to establish a basis of eligibility to file an employment-based on labor certification, exemption from labor certification, or under a schedule A category. If you are a foreigner who has been offered a permanent job in the United States, but you are unable to meet the criteria for labor certification exemption, you need to get an Alien Employment Certification. The aim of the U.S. Department of Labor is to see to it that all U.S. citizens have available jobs, and if there are no qualified U.S. workers for the job, that is the only time that the permanent status can be assigned to a foreigner.
In 2004, Program Electronic Review Management or PERM was established, that is intended to facilitate faster labor determinations. The PERM process involves all recruitment should be conducted before filing the application and it must be done within 6 months of filing. The Employment Service is the one verifying the offered job, posting the job opening for thirty days, and the employer advertising the position on a trade journal or newspaper. The DOL software will review every labor certification application based on set rules, and it will decide upon criteria selected, pulling problematic applications from the audit. The system-programmed denial reasons may include the following: expiration of prevailing wage determination from SWA; the job order did not run for 30 days; the labor certification application submission was less than 30 days from the end of completion of the last step of recruitment, job posting, and job order; and the labor application listed on the Form 9089 is more than the 180-/30-day recruitment period. A DOL representative will contact the employer via phone call or email in order to validate that the employer is offering the job to the foreigner (sponsorship check).
It is important for the audit letter to be completed and it should be consistent with the Form 9089, so it will be certified as either approved, application denies, or supervise recruitment. Once the labor certification has been issued, it is valid indefinitely as long as the job offer remains available. No amendment or modification is allowed once the labor certification application has been submitted. If there are changes needed, it is the role of the USCIS to evaluate if the changes can affect the validity of the certification. Do you need to know more about labor certification or PERM? Allow us to help you with our labor certification services, feel free to check our homepage or website now.