PERM Labor Certification

Permanent Labor Certification

The PERM labor certification confirms that the United States Citizenship and Immigration Services (“USCIS”) has made a determination that there are no able, willing, available, and qualified U.S. citizens or permanent residents available to do the job offered. The certification requires that the sponsoring employer conduct recruitment, such as advertising the position for a minimum of 30 days, offer a prevailing wage that is determined by the U.S. Department of Labour, and review resumes based on the minimum requirements for the position. Once the PERM application is approved by the Department of Labour, the employer may file the I-140 Immigrant Visa Petitions. Obtaining a Green Card through PERM may take several years for approval.

Please note that physical therapists and registered nurses are not required to have an individual labour certification because these occupations are known as “Schedule A” occupations. There are a number of exclusions to the PERM Labor Certification, including exclusions for aliens with exceptional science and performing arts abilities. Our law firm can help you carefully review and understand the requirements and exclusions that may apply to your specific situation.

PERM Labor Certification Requirements

To successfully obtain a PERM labor certification, U.S. employers must meet specific requirements set by the Department of Labor (DOL). These requirements are designed to ensure that hiring a foreign worker does not negatively affect U.S. workers. The key requirements include:

• Permanent, Full-Time Job Offer
  The position must be a permanent and full-time role, not temporary or part-time.

• Prevailing Wage Determination (PWD)
  Employers must obtain a prevailing wage from the DOL to ensure the foreign worker will be paid at or above the standard wage for that occupation in the geographic area.

• Recruitment Efforts
  Employers must conduct good-faith recruitment to test the U.S. labour market. This includes:

  • Placing a job order with the state workforce agency

  • Posting two Sunday newspaper ads

  • Using three additional recruitment methods (for professional roles), such as job fairs, employer websites, or job search websites

• No Qualified U.S. Workers Available
  After recruitment, employers must prove that no able, willing, qualified, and available U.S. workers applied for the position.

• No Unlawful Discrimination
  The recruitment process must not involve any bias or unfair practices against U.S. applicants.

• Job Requirements Must Be Standard
  The employer cannot list job requirements that are unduly restrictive or tailored to the foreign worker’s background unless justified by business necessity.

• ETA Form 9089
  Once all steps are complete, the employer must file ETA Form 9089 electronically or by mail with the DOL.

Meeting these requirements is critical to the PERM labor certification’s success and the eventual employment-based green card process. Let me know if you’d like a checklist format or a downloadable version.

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