1. What is a Labor Certificate?

A labor certificate is a document issued by the U.S. Department of Labor (DOL) certifying that:

-           An employer needs the foreign worker's skills and abilities;

-           The employer has tried to recruit U.S. workers for the position (through advertising);

-           The employer has offered the position at normal or prevailing wage; and

-           The employer has found no qualified U.S. workers.

2. What is a PERM?

PERM is the Program Electronic Review Management system developed by the Department of Labor to replace the previous Labor Certification program (RIR & Non RIR applications). It aims at speeding up significantly the foreign labor certification processing.

3. What is the effective date for PERM?

PERM regulation was published in the Federal Register on Monday, December 27, 2004. The rule became effective on March 28, 2005. This means that all labor certifications filed on or after March 28, 2005 will be processed under PERM. All labor certifications filed prior to that date will be processed under previous regulations for as long as it takes to complete such processing.

4. How to file a Labor Certification Under PERM?

An employer wishing to sponsor a foreign national for an employment-based green card through the PERM labor certification process must submit an Application for Permanent Employment Certification (ETA Form 9089), provided that the employer meets the recruitment requirements. Form 9089 can be filed electronically or by mail.

5. What is the process time for PERM?

Process times for PERM varies depending on which National Processing Center will certify the PERM. Currently, the Chicago Processing Center is certifying PERMS on average in 1 day to 2 months. The Atlanta Processing Center is certifying PERMS on average in two to four months. 

6. Can I withdraw prior case and file new application under PERM?

In order to re-file under PERM and preserve a priority date from an earlier case, the original labor certification application must be withdrawn. A new labor certification may be re-filed under PERM’s new procedures within 210 days of the request for withdrawal as long as it is for an identical job opportunity. One significant issue is that filing an application and stating the employer's desire to use the original filing date will be deemed to be a withdrawal of the original application. This deemed withdrawal occurs even if the request to use the original filing date is denied.

7. What are the recruitment requirements for PERM?

For non-professional position, the employer must place a job order with the local SWA for a period of 30 days, and place two Sunday newspaper advertisements of general circulation in your area. Both ads must be placed more than 30, but not more than 180 days before the filing of PERM.

For professional position, the employer must place a job order and two newspaper advertisements, just as is required for non-professional position. Posting on professional journal may be used in lieu of one Sunday ad.

The employer must also complete at least 3 of the 10 following additional recruitment steps:

-           Recruitment at job fairs;

-           Recruitment on the employer's website;

-           Job search website other than the employer's site;

-           On-campus recruiting;

-           Use of trade or professional organizations for recruitment;

-           Use of private employment firms;

-           Employee referral program with incentives;

-           Use of campus placement offices;

-           Use of local and ethnic newspapers;

-           Use of radio and television advertisements.

Only one of these efforts may be conducted solely within 30 days of filing the labor certification application. None may take place more than 180 days prior to filing the application.

8. What should be included in the employer’s recruitment report?

The employer must submit a recruitment report with the details of the forms of recruitment conducted within 180 days and the results. The report should include:

-           The number of resumes received;

-           The number of interviews conducted;

-           The number of hires;

-           The number of US workers rejected, and the lawful job related reasons for the rejections.

9. What is prevailing wage standard for PERM?

Effective March 8, 2005, 100% of prevailing wage must be paid, but four wage levels are available commensurate with experience, education, and the level of supervision.

10. My RIR case is pending. Will PERM have an effect on my case?

No. PERM will not affect pending cases. However, you might be qualified to withdraw RIR case and re-file the application under new PERM. Please consult an attorney before you do so.  

11. If the PERM is denied, can the employer refile?

            If the PERM is denied for being incomplete, it can be immediately refilled.

12. My labor certification is certified, can I use it as employment authorization?

No. Labor Certification is only the first step of the employment based permanent resident process. It does not legalize anyone's stay in U. S. The applicant is required to maintain lawful nonimmigrant visa status while the case is pending.I am currently under H-1B status, and my employment is part time, can I apply for PERM? As long as there is a full time, permanent future job offer from your current employer, you can apply for a PERM. Part-time H-1B employment will not prevent you from applying for PERM.

13. I am working for the company that cannot sponsor my green card. Another out of state company is willing to sponsor my application. Can I start the process?

A green card job offer is a future job offer, so jobs can be offered in varying locations. As long as there is a full-time, permanent job offer from that company, you can start the process. Your present job in a different state will not matter.

14. Can I leave my employer once my I-485 has been pending for more than 180 days?

Under Section 106 of the American Competitiveness in the Twenty-First Century Act (AC21) of 2000, now incorporated into section 204(j) of the Immigration and Naturalization Act (INA), your I-485 application remains valid with respect to a new job if the adjustment application has been filed and remained unadjudicated for 180 days or more. Your new job must be in the same or a similar occupational classification as the job for which the application was filed.

In addition, an August 2003 USCIS memo provides that one may still be eligible to use AC21 even if an approved I-140 petition is revoked after the I-485 has been pending 180 days or more.

15. What will the firm do for my case?

            The firm will:

-           Analyze each case and determine the minimum requirements for the       position offered.

-           Ensure that the requirements are unique but not restrictive.

-           Review the recruitment summary of the employer to make sure the rejections are for lawful, job-related reasons.

-           Prepare the application based on the facts and legal requirements.

-           Advise you of the progress after the application is submitted.

16. How much experience do you have in handling labor certification/PERM cases? How many cases have you handled?