Labor Certification Under "PERM"

Labor certification is part of the process of obtaining permanent residency through employment by a U.S. company in the U.S. Workers will often come to the United States under a temporary work visa (such as H-1B), and then apply for employer-sponsored permanent residency.

Under the previous labor certification program, applications were filed by mail, followed by advertising, recruitment, and a substantial wait for both the Employment Development Department and the U.S. Department of Labor to review and approve the application. This process could take anywhere from 1 to 3 years. Under PERM, advertising is completed in advance, after which the employer submits an electronic application directly to the U.S. Department of Labor reporting on their recruitment effort. The employer retains all other documentation in case the government wants to verify that an attempt to find U.S. applicants was valid. If all goes well, a labor certification should be granted within 45 to 60 days.


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