Several foreign nationals planning to immigrate to the United States for work always ask questions about the job offer requirements. It is essentially part of your U.S work visa application process as it’s the fundamental requirement to qualify. Labor certification applications are filed directly with the U.S Department of Labor (DOL). It is considered the first step for specific foreign nationals to obtain a work Visa (employment-based green card) in the United States. immigration lawyer houston texas is here to guide you. The visas include:
- EB-2 | Professionals
- EB-3 | Skilled Workers
Do I Need A PERM Labor Certification?
A worker applying for an EB visa does not need a labor certification. It is your sponsoring employer who does. Before applying for your visa, your employer must complete an ETA Form-9089 and submit it to the DOL. The DOL will ensure that no U.S residents are willing, qualified, and available to do the job. They will also check that no one’s wages are being affected by you taking the job. There is no cost for employers to petition a worker and apply for a PERM labor certification. Employers will need to pay associated fees only when submitting their Form I-140 (Immigrant Petition for Alien Worker) to the USCIS.
Differences Labor Certification & labor condition application
Labor certification should not be confused with the Labor Condition Application, the corresponding process for temporary work visas. The differences are in table form below:
| Attribute | Labor Certification | Labor Condition Application |
| Type Of Visa | Temporary work visa H-1B, H-1B1, or E-3 | Employment-based visa (like EB-2 visa, or EB-3 visa) that offers a path to permanent residency (a Green Card) |
| The typical time for Approval | Less than a week | 6-24 months |
| Burden of proof | The employer must prove that the worker is begin paid at least the prevailing wage for that region and occupation. If compared to native workers in the organization and that employing the worker will not affect current workers. The employer does not need to prove that there is no qualified native U.S. worker for the job. | The employer needs to prove that no qualified U.S. worker is willing to do the job at a comparable wage and has made an effort to recruit a U.S. worker. |
What is PERM processing time?
The processing time for a PERM labor certification depends on if the business/employer is going to be audited or not. Currently, the average wait time for those that do NOT need an audition can receive their labor certification within 90 days. For more information contact, el mejor abogado de inmigracion
Being Audited for a PERM Labor Certification
If your company is under audition so, it can receive a PERM labor certification, know that supporting documents are not needed, but they need to be ready before filing. It means that anything like website printouts, job orders, etc. Should get documented by the employer for five years to ensure compliance with a potential audit or review. If the case is selected by the DOL for auditing, the employer should submit all requested documents to the DOL within 30 days. If the employer does not respond to the audit request, the case could be abandoned and the employer is now required to conduct supervised recruitment for any future Labor Certification applications.
Do You Need Immigration Lawyer’s Help?
If so, contact houston labor certification attorney today. All our cases are done by competent and experienced immigration professionals who have filed and obtained labor certification for our clients over 40years of practicing immigration law & processing.
