PERM Labor Certification*

Step One in Employment Immigration: PERM, I-140, AOS informational brochure for clients

A PERM labor certification is a document issued by the United States Department of Labor certifying that the employer or company needs the foreign worker's skills and abilities, the employer has tried to recruit United States citizen workers for the position but has been unable to find one willing, ready and able to fill the open position, and the employer has offered the position at the normal prevailing wage.

An approved labor certification itself is not an immigration status conferring any immigration benefits. However, the labor certification is the first step to employment-based immigration and will allow the employer to file a petition with the USCIS for the worker to apply for a green card.

Certain employment-based immigrants do not need to first obtain a PERM labor certification. These foreign workers fall in the EB-1 priority workers category, which includes:

See also:

• National Interest Waiver
• Visas for Outstanding Professors or Researchers
• Aliens of Extraordinary Ability

For more information, please contact us by e-mail or call (952) 854-3313 for a free phone consultation.

*Effective July 16, 2007, a final rule published by the Department of Labor prohibits an employer filing an application for labor certification from reducing the wages, salary or benefits of an alien named on the application for any expense related to the preparation and filing of the application. This prohibition includes the payment by the alien of costs (for recruitment or other activities in furtherance of the labor certification) as well as the employer's attorneys' fees. This final rule prohibits employers engaged in the labor certification process from withholding from an alien's wages, either in increments or in lump sum, any payment in reimbursement to the employer for costs associated with that process.