Some people who want to immigrate to the Unites States through their job are required by law to obtain a labor certification from the US Department of Labor. This applies to immigrants who want to live permanently in the US.
What is the labor certification?
The labor certification PERM process requires companies to first recruit US citizens before offering the position to an international worker.
When hiring a foreign national, the employer has to first prove that there are no qualified United States workers available, willing or able to perform the duties laid out in the job description.
The employer is also required to pay the foreign national the prevailing wage set forth by the Department of Labor.
Who needs to get a labor certification?
Anybody applying for an EB-3 employment green card and most people applying for EB-2 green card, unless they can get a National Interest Waiver, is required to obtain a PERM Labor Certification. Applicants for other types of employment-based green cards, like EB-1, don’t need to get this certification.
There are some positions for which there is a shortage of United States workers. If you are applying for one of those types of jobs, you also don’t need to get a PERM labor certifications. These positions include certain nursing positions and jobs as physical therapist.
Please contact us at 415-986-6186 to find out if you qualify for permanent residence based on the PERM process and visit our PERM labor certification page.