PERM, or commonly known as the labor certification process, is essential for the employment of foreign nationals. PERM stands for Program Electronic Review Management. In this process, a U.S. employer sponsors the immigration of an employee. Labor Certification applications work on the basis of the legal premise that the employer must prove that there is no U.S. worker available for the position. It means that no U.S. citizen or U.S. permanent resident meets the requirements for the job.
Labor certification is highly valuable because there are no jobs that cannot qualify for it. Department of Labor (DOL) gives Labor Certification only when there is no U.S. worker able, willing, qualified, or available for the job at the prevailing wage. The foreign national employer requires recruiting the alien employee in the area of intended employment. Also, the recruitment should not adversely affect the working conditions and wages of the similarly employed U.S. workers.
PERM is a standardized procedure. In this procedure, the Department of Labor requires the employer to test the U.S. labor market and demonstrate that there no able, willing, and minimally qualified U.S. resident workers available for the intended job position. Also, before the employment of a foreign national, the employer must attest that they will give at least the prevailing wage for the job position. DOL determines this prevailing wage.
PERM is the first step towards legal permanent residence. A foreign national employment specialist is directly involved in this process. That’s why an understanding of this process is essential if you are looking to become a foreign national employer. Today, this blog mostly revolves around what PERM labor certification is? Why having knowledge of PERM is essential to become a foreign national employer. In the end, you’ll also learn about how to become a certified foreign national employment specialist.
What is PERM Labor Certification?
PERM Labor Certifications process was developed by the U.S. Department of Labor (DOL). PERM is essential for streamlining and processing labor certifications for foreign nationals. The PERM process is mandatory before giving any job position to a foreign employer.
Before filing the PERM application, the petitioning employer must conduct a series of recruitment activities. These activities focus on testing the job market and finding whether there is a U.S. worker available for the job position or not. If no willing and qualified U.S. resident worker is available for recruitment, then the foreign national can submit the application.
The submission of Labor Certification applications is now online, and the consideration time of most of the cases is within a three-month timeframe. The recruitment requirements are more expansive, and no supporting documentation is mandatory at the time of filing.
What is the Purpose of PERM Labor Certification?
The primary purpose of the PERM Labor Certification is to protect the working conditions and employment opportunities of the U.S. workers. For obtaining a labor certification, the employer must prove that there are no willing, qualified, and available U.S. workers for the position being offered to the foreign national.
The foreign national employment specialist tests the local labor market for qualified U.S. workers, including U.S. citizens and permanent residents. If there is no skilled and willing U.S. worker to fill the job position, then the job is offered to a foreign national who is eligible for the vacancy.
Why Do Foreign National Employment Specialists need Labor Certification?
A PERM Labor Certification allows a foreign national employment specialist to file an EB-2 or EB-3 employment-based immigration petition on behalf of a foreign national. It is the first step for EB-2 and EB-3 applications. The only EB-2 category exempt from labor certification requirement is the national interest waiver application. Also, the EB-1, EB-4, and EB-5 beneficiaries are not required to file PERM labor certification applications. The Department of Labor (DOL) requires a foreign national employment specialist to apply and get the PERM application approved on behalf of an alien beneficiary.
What Requirements Does a Foreign National Employment Specialist Fulfill During PERM Application?
A foreign national employer must fulfill the following requirements:
- The job position must be for a bona fide vacancy.
- The job vacancy must meet the minimum prevailing wage requirements.
- The employer must have the financial ability to pay the prevailing wage.
- The job offer must not adversely affect the working conditions and job opportunities of other U.S. workers.
- No other eligible U.S. workers should be willing or available to fill the vacant position.
What Role Does a Foreign National Employment Specialist Play While Preparing and Processing of the Application?
Although an immigration law attorney can help with most of the paperwork, however, the support of a foreign national employer is essential. Why? The answer is because the Department of Labor (DOL) requires tons of paperwork and tough procedures which the foreign employment specialist is well trained to assist with in the process. In short, the employer is required to fulfill the following duties:
- To gather relevant documents and information about the alien beneficiary.
- To develop the job requirements and descriptions.
- To register for an online PERM application account (if filing online).
- To design advertisements and posting schedules.
- To conduct telephone or in-person interviews of job applicants.
- To develop the recruitment reports for the attorney signature.
How to Become a Foreign National Employer?
With increasing growth opportunities, more and more foreign nationals are looking to immigrate to the United States for a better future. That’s why becoming a foreign national employer can be an extraordinary career calling for you. A Certified Foreign National Employment Specialist Program can help you in becoming a certified foreign national employer.
This advanced program helps you in learning the process by which a U.S. employer recruits a foreign national temporarily or permanently through employment sponsorship. By enrolling in this course, you will also learn about the employment immigration law.
What are the Objectives of the Certified Foreign National Employment Specialist Program?
The various objectives of this program are to:
- Learn about various types of EB-1 and EB-2 visas
- Learn about NIW (National Interest Waiver) Immigrant visas
- Understand Labor Certification (PERM) process
- Know what documents are required for NIW and EB-2 visas
- Understand employment-based immigration
- Learn about franchising and immigration
The employment of paralegals that are specialized in foreign national employment is expected to grow in the coming times, with thousands of job opportunities every year. Graduates of the Certified Foreign National Employment Specialist Program can work as a paralegal under an immigration law attorney in various immigration law firms, government agencies, corporate legal departments, and other multinational companies.