When applying for a work permit, the PERM Labor Certification is essential. To advance your application for a work permit, check here to see if you need it and how to get it.
The prerequisite for a job opportunity is frequently a topic of interest among foreign nationals seeking to move to the United States to work. It is a crucial step in applying for a US work visa because of the primary prerequisite. Petitions for labour certification can be submitted electronically through Program Electronic Review Management (PERM).
Applications for labor certification are submitted through this mechanism directly to the US Department of Labor (DOL). For certain foreign nationals, this is the initial step in receiving an EB Visa (employment-based green card) in the United States. The visas consist of the following:
• EB-2 | Professionals
• EB-3 | Skilled Employees
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Do I Need A PERM Labor Certification?
Your petitioning employer is the one who needs a labor certification, not you as the employee. Your employer must complete an ETA Form 9089 and deliver it to the DOL before you may apply for your visa. The DOL will then check whether any US citizens are unemployed, willing, qualified, and available for the job.
Additionally, they will ensure that your position has no impact on anyone’s pay. For employers, petitioning a worker and submitting a PERM labor certification application is free of charge. However, when filing Form I-140 (Immigrant Petition for Alien Worker) to the USCIS, employers will be required to pay the related fees.
What is PERM processing time?
The only factor affecting how quickly a PERM labor certification is processed whether or not the company/employer will be audited. Currently, people who DO NOT need to be audited often wait 90 days or less to receive their labor certification.
The PERM Labor Certification Audit
Pay attention if your business is being inspected, especially employers planning to obtain a PERM labor certification. Although they are not required, supporting documents must be prepared before filing. The employer must save everything for five years to ensure compliance with any prospective audit or review.
The employer must deliver all requested papers to the DOL within 30 days if the DOL chooses the auditing case. The case might be dropped if the company doesn’t react to the audit request, and any future Labor Certification requests might compel the employer to undergo “supervised recruitment.”
What Happens After PERM is Approved?
The employer must submit a Form I-140 Immigrant Worker Request to the USCIS within 6 months of the DOL’s acceptance of a PERM application. The USCIS normally takes 4 to 6 months to complete an I-140 Petition.
How will I know if my PERM has been accepted?
You can utilize the DOL website’s Foreign Labor Certification Case Progress Verify to track the progress of your labor certification if you’re interested.
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