FAQs

How does the U.S. employer obtain Labor Certification?

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Once the Prevailing Wage Determination is issued, the U.S. employer follows regulations and begins the recruitment process in order to test the United States labor market. If, after recruitment, there are no U.S. workers able, willing, qualified and available for the position then the U.S. employer drafts a Program Electronic Review Management (PERM) Report evidencing that it followed all applicable recruiting regulations. Then, the U.S. employer registers the company online with the Permanent Online System and assigns a sub-account to the attorney. If the U.S. employer is offering a full-time, bona fide and permanent position and will pay the foreign worker at least the prevailing wage, it files Application for Permanent Employment Certification (ETA Form 9089) with the DOL. The DOL will either certify or deny the Application for Permanent Employment Certification (ETA Form 9089) or issue an audit notice. If issued, the U.S. employer responds to the audit notice. After response the DOL will either certify or deny the Application for Permanent Employment Certification (ETA Form 9089). If certified, then the U.S. employer may proceed to the second step of obtaining permanent residence (“green card”) on behalf of a foreign worker.