The Labor Certification application is filed online with the Department of Labor.
Labor Visa
Can I own the company and file a Labor Certification application on my behalf?
No.
Can a foreign company or individual file a Labor Certification application?
No. The petitioner must be a U.S. employer.
Can an individual file a Labor Certification application?
Yes. However, the individual must possess a Federal Employer Identification Number (FEIN).
When must the recruitment steps occur?
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).
What are the required recruitment steps?
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
Does the employer have to pay a ‘prevailing wage’?
Yes. The U.S. employer must attest that it will pay the foreign worker at least the prevailing wage.
What is a Prevailing Wage Determination?
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’.
How does the U.S. employer obtain Labor Certification?
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
What are the requirements of a Labor Certification application?
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
