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 Labor, and review resumes based on the minimum requirements for the position. Once the PERM application is approved by the Department of Labor, 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 labor 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

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