Understanding the PERM (Program Electronic Review Management) labor certification process is vital for U.S. employers hiring foreign workers. This certification is a key step in obtaining an employment-based green card for your employees. Here is a breakdown of the process to help you grasp what is involved.
Job description and requirements
First, you need to create a detailed job description. This should include the duties, requirements and qualifications necessary for the position. Ensure the requirements reflect the minimum skills and experience needed for the job and do not tailor them to the foreign worker’s specific qualifications.
Prevailing wage determination
Next, you must obtain a prevailing wage determination from the Department of Labor (DOL). The prevailing wage is the average wage paid to similarly employed workers in the geographic area of employment. You must agree to pay the foreign worker at least this wage.
Recruitment process
The recruitment process aims to test the U.S. labor market. You must conduct a good-faith recruitment effort to ensure no qualified U.S. workers are available for the position. This includes:
- Posting the job order with the State Workforce Agency (SWA) in the area of intended employment.
- Placing two print advertisements in a widely circulated newspaper.
- Posting a notice of the job opportunity at the worksite.
You may need additional recruitment steps, such as online job postings, job fairs or trade organization ads. These steps ensure that you have genuinely tried to find qualified U.S. workers before hiring a foreign worker.
Filing the ETA form 9089
If you do not find any qualified U.S. workers during recruitment, you can file ETA Form 9089 with the DOL. This form details the foreign worker’s job requirements, recruitment efforts and qualifications. The DOL reviews the application to confirm that it meets all requirements.
Approval and next steps
Once the DOL approves your application, you can proceed with the immigration petition to the U.S. Citizenship and Immigration Services (USCIS). This step brings you closer to securing an employment-based green card for your foreign worker.
Understanding and following the PERM labor certification process is vital for compliance and successful hiring. By adhering to these steps, you can navigate the intricacies of U.S. immigration laws and effectively support your workforce needs.
