PERM Labor Certifications

Full Video Transcript

One way for a foreign worker to obtain a green card is through what's called labor certification, when the employer obtains a green card for the worker by showing there aren't any willing and qualified U.S. workers for the job. The criteria for permanent labor certification is pretty strict, however, [due] in part to [the need to] protect the wages and working conditions of U.S. workers in similar occupations. Only full-time bona-fide job opportunities [that] meet all the current PERM regulations, are eligible for certification. And the job requirements can't be specifically tailored to a foreign worker's qualifications just to get around having to hire a U.S. worker. The job description and requirements must adhere to what's customarily required for that occupation in the U.S, and the employer must pay at least the prevailing wage for the occupation. To apply for permanent labor certification, the employer must file Form ETA 9089. The program was updated in 2005, so check with the Department of Labor if you previously filed an application that is backlogged as you may be able to refile it under the new regulations.

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