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When an alien or foreigner is offered a permanent employment in the United States, he needs to establish a basis of eligibility to file an employment-based on labor certification, exemption from labor certification, or under a schedule A category. As a foreigner who has been offered a permanent job in the US, you have to obtain an Alien Employment Certification if ever you won’t meet the criteria for labor certification exemption, which is also called as the labor certification from the U.S. Department of Labor. The labor certification aims to protect US citizens by prioritizing them before foreign nationals when it comes to available jobs, and if there is no qualified US citizen, then that’s the time that a foreigner can take over.
More measured are still being designed to protect U.S. workers under the Program Electronic Review Management or PERM, 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. Upon submitting the labor certification application, the DOL software decides based on set rules. System-programmed denial reasons include: expired prevailing wage determination coming from SWA; the job order didn’t run for 30 days; the labor certification application was submitted less than 30 days from the end of completion of the job posting, job order, or last step of recruitment; and the labor application listed on the Form 9089 is outside the 180-/30-day recruitment period. The initial review also include contacting the employer via phone or email to ensure that they’re offering the job to the foreign worker.
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. The labor certificate is valid indefinitely as long as the job offer is available. Regardless of the submission of application, the labor certification cannot be modified or amended. The USCIS will be the one to decide if changes can be made to the labor certification. Are you willing to learn more about labor certification or PERM? Allos us to help you get approved for labor certification through our excellent labor certification, come and check us out by visiting our homepage or website now for a stress-free and hassle-free labor certification experience.