Chicago Permanent Residence Attorneys

The employment-based permanent residence process through labor certification in the United States is typically used for obtaining a green card under the EB-2 or EB-3 employment-based immigrant visa categories:

Key Requirements for Filing

To file the labor certification, the employer must meet several key requirements. First, the employer must attest that no willing, able, qualified, and available U.S. workers were identified during the recruitment process. Second, the employer must confirm that hiring a foreign worker for the position will not negatively impact the wages or working conditions of U.S. workers in similar roles. Finally, the employer must certify that all recruitment efforts were conducted in good faith, adhering to Department of Labor (DOL) standards and ensuring the process was free from bias or discriminatory practices.

Determine Job Requirements and Prevailing Wage

The employer begins the process by identifying the job position that needs to be filled, as well as determining the minimum qualifications, skills, and experience required for the role. Once these details are finalized, the employer must file a prevailing wage request (PWR) with the Department of Labor (DOL). This request helps establish the prevailing wage for the position based on the job description and its location. The DOL then issues a prevailing wage determination (PWD), which specifies the minimum wage that must be offered to prospective employees to ensure compliance with labor standards.

Conduct Recruitment

The employer is required to conduct a good-faith effort to recruit U.S. workers for the position before moving forward with the labor certification process. This effort typically involves placing a job order with the state workforce agency (SWA), advertising the position in at least two Sunday editions of a local newspaper, and utilizing additional recruitment methods such as job fairs, online job boards, or professional organization websites. The recruitment process must comply with specific Department of Labor (DOL) requirements to ensure it is conducted fairly and without bias.

Throughout this process, the employer must meticulously document all recruitment activities and their outcomes. This includes maintaining records of applications received, interviews conducted, and detailed explanations for rejecting any U.S. workers who applied for the position.

File the PERM Labor Certification Application

The employer submits Form ETA-9089, also known as the Application for Permanent Employment Certification, electronically through the Department of Labor’s (DOL) Permanent Online System. This form contains essential details about the job, including the position’s description, required qualifications, and offered wage, which must meet or exceed the prevailing wage determined by the DOL. Additionally, the form includes the results of the recruitment process, providing documentation that explains why any U.S. workers who applied were not hired, such as a lack of the necessary qualifications, experience, or skills.

Audit Review

The Department of Labor may occasionally select an application for audit, either at random or in response to specific concerns. If an audit is initiated, the employer is required to submit documentation of their recruitment efforts, along with any other supporting evidence, within 30 days. It is important to respond promptly and thoroughly, as failure to comply with an audit request could result in the denial of the application. By maintaining accurate records and adhering to all guidelines, employers can navigate this process smoothly and with confidence.

After Approval

Once the PERM labor certification application is approved, the employer can proceed to the next step of the green card process: filing an immigrant visa petition (Form I-140) with U.S. Citizenship and Immigration Services (USCIS).