The U.S. labor certification process, formally known as Program Electronic Review Management (PERM), is a mandatory first step for most U.S. employers who want to sponsor a foreign worker for a permanent position and a green card. The Department of Labor (DOL) manages this process to ensure that hiring foreign workers does not harm the U.S. labor market.
What is Labor Certification?
At its core, labor certification is the DOL’s way of verifying two essential conditions. First, it confirms that there are no qualified, able, willing, and available U.S. workers for a specific job opportunity. This involves conducting a labor market test. Second, it proves that hiring the foreign employee will not negatively impact the wages or working conditions of similarly employed U.S. workers. This involves filing a Prevailing Wage Request. This process is not a visa application; it’s a foundational step that must be completed before an employer can file an immigrant petition with U.S. Citizenship and Immigration Services (USCIS).
The entire process is the employer’s responsibility. An employer must apply and conduct the necessary recruitment to “test the labor market” before they can consider hiring a foreign national for a permanent position. This includes obtaining a prevailing wage determination from the DOL’s National Prevailing Wage Center (NPWC) to ensure the job offer meets the required wage level, as described above.
Why is This Important for Your Business?
Understanding the labor certification process is crucial for business and human resources professionals seeking to build a global workforce. The entire process can be very complex; having a strong understanding of the process and a proactive approach to navigating it is invaluable. Two reasons are:
Compliance and Risk Avoidance
Mistakes made during the PERM process can lead to costly delays, application denials, and even audits. An approved labor certification is a prerequisite for the next stage of the green card application. Without it, the entire immigration process for a foreign worker comes to a halt. Given the complexity and strict requirements, working with an experienced labor certification process lawyer is essential to mitigate risk and ensure a smooth application experience. A specialized immigration law firm for employers can help your company navigate these regulations and maintain compliance with federal law.
Access to Global Talent
In today’s global economy, companies often need to hire specialized talent from a worldwide pool. The PERM process provides a clear, lawful pathway for businesses to secure the skilled employees they need to stay competitive. Knowing the process helps employers create a long-term workforce strategy and plan for the global talent they want to acquire. The process also ensures that the wages and working conditions offered to foreign workers are fair, boosting a company’s reputation as a desirable employer. By requiring employers to pay a “prevailing wage” and follow strict recruitment guidelines, the PERM process ensures that all workers—foreign and domestic—are treated fairly.
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