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A foreign national who has been offered a permanent employment in the United States are required to establish a basis of eligibility for filing an employment-based petition, either by 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 labor certification aims to protect US citizens by prioritizing them before foreign nationals when it comes to available jobs, and if there is no qualified US citizen, then that’s the time that a foreigner can take over.
More measured are still being designed to protect U.S. workers under the Program Electronic Review Management or PERM, that is intended to facilitate faster labor determinations. The PERM process should have an implementation of recruitment before the filing of an application, and it should be done within six months prior to filing. Once the application of the employer for labor certification is received, there will be a verification of the job at the prevailing wage, posting the job opening for thirty days on the recruitment system, and the employer advertising the position in a newspaper or trade journal. Upon submitting the labor certification application, the DOL software decides based on set rules. The reasons why the labor certification application is denied by the system, include: expiration of prevailing wage determination from SWA; the job order didn’t run for 30 days; the labor certification application submission happened less than 30 days from the end of completion of the job posting, job order, or last step of recruitment; and the labor application listed on the Form 9089 is beyond 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. As long as the job offer remains available, the labor certificate is valid indefinitely. 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? Allos us to help you get approved for labor certification through our excellent labor certification, come and check us out by visiting our homepage or website now for a stress-free and hassle-free labor certification experience.