A foreign national who has been offered a permanent employment in the United States are required to establish a basis of eligibility for filing an employment-based petition, either by labor certification, or under a schedule A category. If you are a foreigner who has been offered a permanent job in the United States, but you are unable to meet the criteria for labor certification exemption, you need to get an Alien Employment Certification. The aim of the U.S. Department of Labor is to see to it that all U.S. citizens have available jobs, and if there are no qualified U.S. workers for the job, that is the only time that the permanent status can be assigned to a foreigner.
In 2004, Program Electronic Review Management or PERM was established, that is intended to facilitate faster labor determinations. All recruitment should be conducted before filing the application for the PERM process, and six months from the date of filing, recruitment should be conducted. Once the application of the employer for labor certification is received, there will be a verification of the job at the prevailing wage, posting the job opening for thirty days on the recruitment system, and the employer advertising the position in a newspaper or trade journal. The auditing process is made faster with the DOL software, basing the audit to set rules, pulling problematic applications from the system. The system-programmed denial reasons may include the following: expiration of prevailing wage determination from SWA; the job order did not run for 30 days; the labor certification application submission was less than 30 days from the end of completion of the last step of recruitment, job posting, and job order; and the labor application listed on the Form 9089 is more than the 180-/30-day recruitment period. Just to validate that the employer is offering the job to the foreign national, a DOL representative will contact the employer via phone call or email.
Once the U.S. DOL determines that the audit letter is consistent on Form 9089, and it is complete, the application will be certified either as application approved, application denies, or supervise recruitment. As long as the job offer remains available, the labor certificate is valid indefinitely. Regardless of the submission of application, the labor certification cannot be modified or amended. It is the role of the USCIS to evaluate if the changes can affect the validity of the certification if the changes can be made or not. Do you plan to file a labor certification application? Allow us to help you with our labor certification services, feel free to check our homepage or website now.