Our experienced team of immigration attorneys at Gireud|Hobbs helps immigrants and U.S. employers obtain a PERM labor certification. Our commitment to personalized attention to our clients and our dedication to immigration law ensures that each of our clients receives the highest level of service.
Our guide outlines the PERM labor certification processing times and help you what documents you need to prepare for your petition.
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PERM Labor Certification Requirements
Before a U.S. employer sponsors an employment-based visa petition, they must secure a permanent labor certification (PERM) from the Department of Labor (DOL). They must provide the immigrant with a bona fide job offer for a full-time, permanent position in the United States, but first a number of steps must be taken.
The DOL must certify to USCIS that there are not enough U.S. workers who are able, willing, qualified, and available to accept the job opportunity in the area of intended employment. They must also assure that employing the foreign worker will not greatly affect the wages and working conditions of similarly employed U.S. workers.
PERM Labor Certification Labor Market Test
Any employer that wants to sponsor an immigrant visa must conduct a recruitment process to test the U.S. labor market before they can get a PERM labor certification. They also have to show that there are no qualified U.S. workers willing to fill the open position. They can prove this by placing advertisements in newspapers, on job boards, and on their own website. By completely a competitive recruitment process, it’s more likely the employer will satisfy this requirement.
PERM Labor Certification Prevailing Wage Determination
The employer wishing to sponsor an immigrant visa has to get a prevailing wage determination from the DOL for the specific job location. When the employer posts the job offer, they must offer a wage that meets or exceeds the prevailing wage for the occupation in their area. If they don’t do this, they can’t get a PERM labor certification.
PERM Labor Certification Recruitment Reports
The employer wishing to sponsor an immigrant has to keep track of all recruitment efforts they conducted and the results of the recruitment efforts. The results have to be presented in a recruitment report that summarizes the reasons they can’t hire a U.S. worker for the position.
PERM Labor Certification Good Faith Efforts
The employer wishing to sponsor an immigrant has to show that they made good faith efforts to recruit workers from the U.S. but weren’t able to find anyone available, qualified, or willing to work for the position.
PERM Labor Certification Documentation Requirements
The employer wishing to sponsor an immigrant has to collect all the required documentation related to the PERM labor certification process. These include Form ETA 9089, job advertisements, reports of the recruitment process, and other supporting documents.
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PERM Labor Certification Processing Time
The PERM labor certification processing time can vary depending on many factors including the DOL backlog, the complexity of your case, audits and requests for more evidence. A skilled immigration attorney can help with some of those factors, but the PERM labor certification processing time can take between several months to over a year. Plus, the exact PERM labor certification processing time can depend on what month of the year it is. Usually though, once filed properly by a skilled immigration attorney, you can expect to wait between four and eight months for an approval.
PERM Labor Certification Processing Time if Audited
If the DOL ends up auditing your application, your PERM labor certification processing time may be extended by about four months. The DOL randomly audits about a third of all applications, but you can avoid a targeted audit by avoiding triggers that the DOL may see as worthy of an audit. An experienced immigration attorney can help you avoid the triggers that are avoidable.
Can I Speed Up the PERM Labor Certification Processing Time?
Unfortunately, unlike many immigration-related forms we submit to other agencies, the DOL does not provide a premium processing option for PERM applications or prevailing wage determinations. One way to speed up the overall process though is by starting the recruitment process while waiting on a Prevailing Wage Determination Request. Employers seeking a PERM labor certification should speak with an experienced immigration attorney before trying this method of speeding up the process.
Need Help Acquiring a PERM Labor Certification?
If you’re an employer looking to hire a foreign worker or an immigrant seeking employment in the U.S., contact Gireud | Hobbs, PLLC. We’ll provide personalized attention, ensure compliance with DOL regulations, and help you secure a PERM labor certification. Schedule a free consultation with us today!
