PERM Certification Lawyers in Cincinnati
Serving Warren County, Butler Country, & Surrounding Areas
On March 28, 2005, the Department of Labor’s Employment and Training Administration (ETA) published new regulations guiding the requirements and processes for an employer to obtain a permanent labor certification for a foreign worker. Program Electronic Review Management (PERM) is the labor certification system and the first step of obtaining an employment-based green card.
A permanent labor certification allows an employer to hire a foreign worker to work permanently in the United States. In order for a permanent labor certification to be approved, the Department of Labor (DOL) must certify to the USCIS that there are no U.S. workers able, willing, qualified, and available to accept the job at the prevailing wage for that occupation in the area of intended employment, and employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers.
PERM Labor Certification Process
In order for a United States employer to permanently hire a foreign worker, the employer first files an Alien Employment Certification, ETA Form 9089. The date the labor certification application is filed (i.e. the filing date) is used by USCIS and the Department of State as the priority date. Once the application for Alien Employment Certification is approved by the DOL, the approval should then be filed with the USCIS service center with Form I-140, Immigrant Petition for Alien Worker.
An application for Permanent Employment Certification can be filed either electronically or by mail. However, the Department of Labor recommends that the employer files electronically. Electronic filing is faster and will ensure that the employer has provided all required information, as an electronic application cannot be submitted if the required fields are not completed.
To file electronically, the Online Permanent System requires an employer to set up an individual account. The employer must go to www.doleta.gov and set up a profile by selecting the appropriate profile option in the Online System. After registering and establishing an account, the employer can fill out and submit an Application for Permanent Employment Certification, ETA Form 9089.
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