Foreign Labor Certification
The “PERM” process is required by the Department of Labor (DOL) in most of EB-2 and EB-3 petitions. Employers must provide evidence to ensure they are meeting specific requirements for this certification including:
- They do not have sufficient access to qualified, willing, and available workers in the US to fill their positions
- They will not adversely change the wages or working conditions for foreign workers. Specifically, the foreign workers must be provided similar wages and working conditions of those enjoyed by current non-foreign workers.
Because the process is so complex, it can also be time-consuming. Many companies must wait between six months and three years to complete the entire process. Companies will have to file prevailing wage determination application, launch a recruiting campaign and submit the results of the campaign, and finally wait for the final decision. It is important to note the DOL can (and does) deny labor certifications if they feel the company is not working in good faith to meet the requirements.
We understand how often DOL audits of applications occur and we are here to help you with the process. We guide employer in very step of PERM process to ensure meeting all statutory requirements and help you get the certification as smoothly and quickly as possible.