Program Electronic Review Management (PERM) is the system used for obtaining Labor Certification and is the first step for certain foreign nationals in obtaining an employment-based immigrant visa (Green Card). The employment-based preference categories that require PERM Labor Certification are EB-2 (other than a National Interest Waiver) and EB-3. Before a U.S. employer can file an immigration petition for a foreign worker with U.S. Citizenship and Immigration Services (U.S.C.I.S.) in most EB-2 and EB-3 positions, the employer must first obtain an approved Labor Certification from the Department of Labor (DOL). An application for labor certification is submitted to the DOL by using ETA Form 9089. The DOL must certify to the U.S.C.I.S. both that there are not sufficient U.S. workers able, willing, qualified, and available to accept the job offered the alien at the prevailing wage for that occupation in the area of intended employment, and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed US workers.
After the Labor Certification is approved by the DOL, an Immigrant Petition related to the Labor Certification should be filed with the U.S.C.I.S. before the expiration of the labor certification.
NIW.
The Labor Certification requirement is waived for a National Interest Waiver (NIW) petition under EB-2 and is not required for any EB-1, EB-4, or EB-5 petitions.
Overall, PERM labor certification is an extremely complicated and time-sensitive procedure.
The Law Offices of Liping Shi, PC are skilled and experienced in this complex process. Contact us at 718 353 8890, info@shilawoffices.com or ShilawNYC@gmail.com for information and assistance.