A foreign national who has been offered a permanent employment in the United States are required to establish a basis of eligibility for filing an employment-based petition, either by labor certification, or under a schedule A category. You need to get an Alien Employment Certification if you are a foreign national who has been offered a permanent job in the United States, but unable to meet the criteria for labor certification exemption. The labor certification aims to protect US citizens by prioritizing them before foreign nationals when it comes to available jobs, and if there is no qualified US citizen, then that’s the time that a foreigner can take over.
More measured are still being designed to protect U.S. workers under the Program Electronic Review Management or PERM, that is intended to facilitate faster labor determinations. The PERM process involves all recruitment should be conducted before filing the application and it must be done within 6 months of filing. After the labor certification application is received from the employer, the Employment Service will verify the offered job at the prevailing wage, posting the job on its recruitment system for 30 days, and the employer needs to advertise the position in a trade journal or newspaper. Upon submitting the labor certification application, the DOL software decides based on set rules. The system-programmed denial reasons may include the following: expiration of prevailing wage determination from SWA; the job order did not run for 30 days; the labor certification application submission was less than 30 days from the end of completion of the last step of recruitment, job posting, and job order; and the labor application listed on the Form 9089 is more than the 180-/30-day recruitment period. A DOL representative will contact the employer via phone call or email in order to validate that the employer is offering the job to the foreigner (sponsorship check).
It is important for the audit letter to be completed and it should be consistent with the Form 9089, so it will be certified as either approved, application denies, or supervise recruitment. As long as the job offer remains available, the labor certificate is valid indefinitely. Regardless of the submission of application, the labor certification cannot be modified or amended. It is the role of the USCIS to evaluate if the changes can affect the validity of the certification if the changes can be made or not. Do you need to know more about labor certification or PERM? Allow us to help you with our labor certification services, feel free to check our homepage or website now.