What is Green Card Labor Certification?

If you’re in the process of immigrating to the U.S. on a green card, you should know about Labor Certification. While you will not file for it, your employer will. In case they have not conveyed it to you, the certification is more important than the green card itself, and decides the fate of your migration into the U.S.

In this article, we’ll explain everything you need to know about the green card labor certification.

What Is the Green Card Labor Certification?

Green Card Labor Certification, also known as “PERM Labor Certification,” is a process used by U.S.-based employers to legally bring prospective foreign workers into the U.S. to work for them. Every employment-related activity is handled in the United States by the Department of Labor (DOL). With labor certification, your employer essentially seeks clearance from the DOL for your immigration petition.

With this certification, the United States Citizenship and Immigration Services (USCIS) confirms through the DOL that your immigration will not adversely affect the local U.S. workforce. So in a way, labor certification, besides making you eligible for an immigration petition, protects the local labor market from being affected by foreign nationals. 

PERM Labor Certification Process

PERM stands for Program Electronic Review Management. The best part about this process is that you, as an immigrant, don’t have to file it yourself. Your employer will take care of everything. Since there are so many stakeholders involved in this process (your company, you, the DOL, the USCIS), the process used to be lengthy and error-prone. A new electronic system was adopted on Dec. 27, 2004, which unified everything. Here’s how the new certification process works:

Step 1: DOL PERM Labor Certificate Process

This is often a lengthy step. The process starts with your employer approaching the DOL for certification. To get approval and the certificate, here are the steps involved:

Defining the Job Role, Minimum Requirements, and Duties

First, your employer has to define the job role for which they are seeking the DOL labor certificate. This involves providing a job description, defining the duties, educational requirements, and other minimum requirements, like work experience. It is important to be as clear as possible on the job role so that the DOL can comprehend what you, as an employee, will be working on after you are hired. When filing Form 9089, your employer will be attesting to two statements which are:

• The minimum requirements for the position
•  A statement clarifying that no one has ever been hired in the organization with less than the stated requirements

Prevailing Wage Request (PWR)

After the job description is defined, your employer is required to determine the prevailing wage in the job market. This is the average wage paid to workers with the same job that you are being considered for. The DOL maintains this data and will provide the employer with a PWD or Prevailing Wage Determination.

Your employer must pay the same wage to you or anyone under the PERM-sponsored immigrant visa for that particular job.  If the prevailing wage is deemed unacceptable or invalid, your employer can ask for a prevailing wage redetermination.

Test the Labor Market

Once the job description and the prevailing wage have been determined, it’s time to test the labor market. The main aim is to conclude that there isn’t anyone in the workforce to fill your position. This is to ensure that American workers aren’t being supplanted by foreign workers.

This step consists of running advertisements in newspapers and job boards, on the radio, and in other mediums, as mentioned by the DOL. Newspaper ads must run in major Sunday editions, on two different days.

If the position is a highly specialized one, the employer must use three other recruitment methods. While the ads are running, the employer must properly respond to every applicant before rejecting them due to qualifications or other grounds.

Once the job advertisement is over, there’s a 30-day wait period before your employer can file for PERM. If someone becomes qualified and accepts the job, then your chances of getting the green card become slim.

DOL PERM Approval

Finally, after reviewing all the processes and market research, the DOL will either approve or reject your employer’s petition. If the DOL is satisfied with its findings, then your employer can go ahead and file Form 9089 to get the certification.

PERM approval is required for filing Form I-140, the immigrant worker petition. The approval period for PERM filings is around six months. If your filing requires an audit, the processing time can be significantly higher. The audit process is random. Statistically, around 35% of labor certification applications get audited.

Step 2: Form I-140

After your employer obtains your labor certification, they will file Form I-140 with the USCIS, along with the PERM certified labor certificate. This includes information on the job, its scope, duration, details about you, your background, your salary, deductions, and evidence that the employer can pay the minimum PWD.

Step 3: I-485 Green Card Application

This is the application step where you will play a role. You are required to file the I-485 Green card application with the USCIS after Form I-40 is approved. You must do it yourself by visiting the nearest U.S. embassy since the employer cannot file it on your behalf.

Your green card application will not be accepted until the USCIS receives your Form 9089, and the priority date becomes current. The wait time depends on your nationality and the date on which Form 9089 is filed.

Step 4: Path to Citizenship

After you’ve started working in the United States, most employers prefer that you get naturalized and become a permanent U.S. citizen. You can get naturalized after you’ve worked for at least four years and nine months in the U.S.

Green Cards and the Trump Administration

The presidential tenure of Donald Trump has certainly made the PERM process difficult, lengthy, and expensive for many employers. This means there will be fewer applicants for green cards, and even fewer individuals will get a green card. Since you cannot control this, your best course of action is to become skilled enough to be worthy of the job.

Frequently Asked Questions

How Long Does the PERM Certification Process Take?

It can take somewhere between six months and three years.

What’s the Validity of the Labor Certificate?

There’s no validity associated with your labor certificate, as long as the job in which you are working is still available.

Can I Work in the U.S. With an Approved Labor Certificate?

Labor certification shouldn’t be confused with EAD. It only allows your employer to move ahead with the green card application process.

Who Doesn’t Need a Labor Certificate?

Family-based immigration applicants, L1A visa holders, EB-1, EB-2, and EB-5 visa holders do not require the labor certificate.

Conclusion

The labor certificate and the job, in particular, will open up many opportunities for you. But you must file everything properly. Once rejected, it can take years to reapply.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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