PERM Labor Certification overview
As of March 2005, the PERM labor certification process has replaced the traditional RIR process. It is now the primary process for allowing employers to sponsor employees to receive permanent residence in the US. This new system changed the existing manner in which U.S. employer could seek labor certification on behalf of their employees.
A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States.
To obtain a PERM Labor Certification, the employer must prove that they were unsuccessful in recruiting a qualified U.S. worker for a certain position. Before the U.S. employer can submit an immigration petition, he or she must obtain an approved labor certification request from the DOL's Employment and Training Administration (ETA) by submitting an ETA Form 9089. The DOL must certify to the USCIS that there are no qualified US workers available, willing, able or qualified.
The DOL must further certify that no US workers would accept the job at the prevailing wage for that job and that the employment of the foreign worker will not negatively affect the working conditions or wages of similarly employed US workers.
The USCIS will not process I-140 petitions unless they are supported by an original certified ETA Form 9089 that has been signed by the employer, foreign national, attorney, and/or agent.
For more detailed information please also visit PERM labor certification, or PERM labor certification for doctors.