Requirement for U.S. employers seeking to employ certain persons whose immigration to the United States is based on job skills or nonimmigrant temporary workers coming to perform services for which qualified authorized workers are unavailable in the United States. Labor certification is issued by the Secretary of Labor and contains attestations by U.S. employers as to the numbers of U.S. workers available to undertake the employment sought by an applicant, and the effect of the alien’s employment on the wages and working conditions of U.S. workers similarly employed. Determination of labor availability in the United States is made at the time of a visa application and at the location where the applicant wishes to work.
What is a PERM labor certification?
PERM Labor Certification. Program Electronic Review Management (PERM) is the system used to process labor certifications, which is the first step certain foreign nationals must take in order to obtain an EB-2 or EB-3 visa immigrant visa.
- A Job Order for the offered position must be placed with the local State Workforce Agency (SWA) for a period of thirty (30) days.
- The employer must post notice of the job opportunity for at least ten consecutive business days at the place of intended employment.
- Employer must post position on any in-house media used for recruitment of similar positions
- Two print advertisements must be placed on two different Sundays (may be consecutive) in a newspaper of general circulation in the area of intended employment
- The advertisements must name the employer, must generally indicate the job location, and must describe the offered position with enough specificity to apprise applicants of the job opportunity
- If the position requires an advanced degree and experience, one advertisement may be placed in a professional journal instead of one of the Sunday advertisements