An Overview of the PERM Labor Certification Process for Employment-Based Green Cards

The PERM labor certification process is required to sponsor a foreign national worker for a permanent position in the United States. During this pre-recorded presentation, our Chugh, LLP immigration experts share a general overview of the three main components required during the PERM labor certification process.

The employer must follow three main steps to ensure that hiring a foreign national worker will not negatively impact the wages and working conditions of local US workers, including:

• Prevailing wage determination:
  • The employer finalizes the job description.
  • Then, they file an application with the Department of Labor (DOL): Form ETA 9141.
  • DOL certifies ETA 9141 and gives the employer a prevailing wage for the offered position.
  • Based on the job description, geographic area of employment, and required education and work experience, the worker should receive a minimum of the prevailing wage.
• Recruitment:
  • Next, the employer must test the labor market to ensure there are no other willing or able US workers available to perform the job. US workers include green card holders, asylum seekers, refugees, and more.
  • The employer must end the PERM process if they find a US worker that can fill the job.
  • If the employer cannot find a US worker, they can move on to the next step.
• Drafting and filing the PERM (Form ETA 9089):
  • Once the PERM is certified by the Department of Labor, the employer can file Form I-140, Immigrant Petition for Alien Worker.

Conclusion

For help sponsoring a foreign national worker for an employment-based green card, please contact your trusted Chugh, LLP immigration professional.