The Basic Requirements for Labor Certification Applications

A permanent labor certification issued by the Department of Labor (DOL) is a permission for employers to hire a foreign worker to work permanently in the United States. The employer has to file the required labor certification with the U.S department of labor which is an important and time consuming part of the process to obtain U.S lawful permanent residence based on employment.

If the DOL approves the LC, it is a prove that employer has proven that there are no qualified U.S workers available to take the offered job.

At the law office of Wildes & Weinberg, labor certification and PERM attorney has a good experience helping companies’ secure permanent residence for employees through employment sponsorship. Michael Wildes, a senior partner at the highly prestigious law firm. Prospective client can check the successful projects through Michael Wildes reviews shared by his clients.

“All labor that uplifts humanity has dignity and importance and should be undertaken with painstaking excellence.” -  Martin Luther King

Who Needs Labor Certification:

Labor certification is for those looking to immigrate on the basis of employment. You do not need it – if you are a refugee or asylee, or looking to immigrate on the basis of a family relationship to a U.S citizen or lawful permanent resident.

Certification Requirements:

For those who need it has to complete the requirements for labor certification application. Some of them are:

• Full-time employee - The foreign worker should be employed by the employer as a full-time employee, not part-time.
• Permanent job - The employee should have the permanent position. Temporary positions do not qualify for labor certification but may qualify for work visa.
• Reasonable job requirements – The employer should specify the minimum educational and experience requirements that are usually required for the occupation.  These requirements should not be unduly restrictive and cannot be tailored to the background of the employee for whom the application is filed.
• Wage must be higher of prevailing wage or actual wage - The employer should pay at least the actual wage that is the same wage that the employer pays to other employees at same position. It should also match with the prevailing wage that other employers pay for similarly qualified workers.

The foreign workers are given permission to work in the U.S keeping in mind that it will not adversely affect the job opportunities, wages and working conditions of U.S workers. An approved labor certification is valid for 180 days following approval. Once the DOL approves the permanent labor certification application, the employer will need to seek the immigration authorization from USCIS.

Contact a PERM Attorney to schedule an appointment regarding your labor certification.