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Labor Certification

Filing a Labor Certification Petition Through PERM and US Department of Labor

This application is filed with the Department of Labor (DOL) before a foreigner is permitted to get a green card based on his work.  With this application, an employer is showing that there are no qualified U.S. workers who are available to fill the position and therefore, he should be permitted to employ a foreigner on a permanent basis.  The employer has to prove that it has recruited for the position by placing ads and postings and could not fill the position.  Labor certification is issued by the Secretary of Labor and contains attestations by U.S. employers as to the numbers of U.S. workers available to undertake the employment sought by an applicant, and the effect of the alien’s employment on the wages and working conditions of U.S. workers similarly employed. Determination of labor availability in the United States is made at the time of a visa application and at the location where the applicant wishes to work.   Here, you may find information regarding the status of your Labor Certification Petition

The Department of Labor has implemented an electronic process for filing Labor Certification petitions known as PERM. Labor Certification petitions are now filed online through a process called PERM.  PERM is short for Program Electronic Review Management. Under the new On-line system, employers may submit labor certification petitions without much of the paper work required in the past.  An employer or its representative logs on to the department of labor web site to complete and submit the required application - Form ETA 9089.  However, employers are required to preserve the paper work and evidence underlying the recruitment effort and demonstrate their compliance with the required attestations.  After the petition is submitted, applicants may also monitor the progress of the petition online at DOL's web site. 
 
Nurses, Physical Therapists, and Physicians who work in underserved areas are exempt from the labor certification requirement.  They may file an I-140 petition for permanent residency with out first obtaining labor certification. 

Click here to read the new regulations on transfers of labor certifications effective July 2007.

Click here to review the memorandum that discusses various issues affecting the validity of labor certification petitions and priority dates.