Labor Certification
WHAT IS LABOR CERTIFICATION?
Labor Certification, also known as PERM, is the first stage in the three stage permanent residence process. Labor certification is an application submitted to the U.S. Department of Labor demonstrating that there are no qualified, able, willing and available U.S. workers to fill the position permanently.
WHO IS ELIGIBLE FOR LABOR CERTIFICATION?
Among others, foreign nationals who are working in the U.S. pursuant to H-1B or L-1B classification are eligible to pursue Labor Certification. This includes employees in jobs that would be classified in the second employment-based preference and the third employment-based preference. Some employees, such as L-1A multinational managers, are considered "priority workers" and can pursue permanent residence without going through labor certification.
HOW IS IT DETERMINED IF THERE ARE QUALIFIED, ABLE, WILLING AND AVAILABLE U.S. WORKERS?
The employer must advertise and recruit for the position. There are certain types of recruitment that the employer must do depending on the type of position and the employers typical recruitment procedures. Typically, the employer must actively recruit for the position for thirty days and then allow a thirty day quiet period to permit resumes to be submitted prior to filing the application for labor certification. The employer does not actually have to hire any of the U.S. applicants in the recruitment process, but if a qualified worker is found, the company cannot pursue labor certification on behalf of the foreign national. Furthermore, the foreign national cannot be involved in the recruitment process.
The Labor Certification process is very detailed and involves a lot of cooperation between the employer and employee. Grzeca Law Group has assisted many employers and employees through this process with great success.