The Labor Certification application is filed online with the Department of Labor.
No. The petitioner must be a U.S. employer.
Yes. However, the individual must possess a Federal Employer Identification Number (FEIN).
The recruitment steps must occur during a 30 to 180 day period prior to the filing of the Application for Permanent Employment Certification (ETA Form 9089).
The U.S. employer must place a job order with the state employment office for a period of 30 days; place 2 consecutive Sunday advertisements in a newspaper of general circulation appropriate to the occupation in the area of intended employment; physically post a notice of filing in 2 conspicuous places at the place of employment… Read More
Yes. The U.S. employer must attest that it will pay the foreign worker at least the prevailing wage.
In order to initiate the process, the U.S. employer files an Application for Prevailing Wage Determination (ETA Form 9141) with the Department of Labor (DOL). The DOL will issue a Prevailing Wage Determination indicating the ‘prevailing wage’.
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… Read More
The U.S. employer must attest that it is offering a full-time, bona fide and permanent position to the foreign worker. The U.S. employer must attest that it will pay the foreign worker at least the prevailing wage. The U.S. employer must attest that there are no U.S. workers able, willing, qualified and available for the… Read More