What is Labor Certification ("PERM")?

• What is Labor Certification?
• Basic Requirements for Labor Certification Applications
• What is PERM?
• Are There Any Employment-Based Alternatives to Labor Certification?
• Completing the Green Card Application Process at USCIS

What is Labor Certification?

"Labor certification" is the most widely used employment-based opportunity for obtaining a green card.  Labor certification requires a U.S. employer to prove that there are no minimally qualified U.S. workers for the position.  Once the U.S. Department of Labor (DOL) "certifies" this application, the employer will be able to apply to the U.S. Citizenship and Immigration Services (CIS) for permanent residency (a "green card") for the foreign employee.

Basic Requirements for Labor Certification Applications

There are several basic requirements for labor certification applications:

• Full-time employee. The employer must hire the foreign worker as a full-time employee, not part-time.
• Permanent job. The employer must be offering a permanent position. Temporary or seasonal positions do not qualify for labor certification. (Temporary or seasonal positions may qualify for a temporary work visa. They just don't qualify for permanent labor certification.)
• Reasonable job requirements. The minimum educational and experience requirements that the employer specifies for the position must be those customarily required for the occupation.  These requirements cannot be tailored to the background of the employee for whom the application is filed. In addition, the employer must establish that the educational and experience requirements are not "unduly restrictive."  Any unusual job requirements must be shown to be a "business necessity."
• Wage must be higher of prevailing wage or actual wage. The employer must pay at least the "prevailing" wage for the occupation in the area of intended employment, which is essentially the average wage that other employers pay for similarly qualified workers. (The prevailing wage can be determined from the Department of Labor wage statistics or from salary surveys that meet certain strict criteria.) In addition, the employer must pay at least the "actual" wage, which is essentially the same wage that this employer pays to its own employees who are similarly qualified.

What is PERM?

Applications filed on or after March 28, 2005, are processed under a program called "Program Electronic Review Management," more commonly known as ("PERM"). It was officially promulgated on December 27, 2004. These are some of the key points of PERM:

• The U.S. employer must pay at least 100% of the "prevailing wage," which is divided into four wage levels.
• PERM labor certifications are filed electronically (or by mail) directly with the DOL.
• DOL has a goal of making decisions on the electronically filed PERM applications in 45–60 days.

You can find more details about PERM labor certification procedures on our PERM labor certification page.

Are There Any Employment-Based Alternatives to Labor Certification?

There are many employment-based alternatives to labor certification, including the Aliens of Extraordinary Ability (EB-1A), Outstanding Professors or Researchers (EB-1B), Multinational Executives or Managers (EB-1C), and National Interest Waiver (NIW) categories, among others.

Completing the Green Card Application Process at USCIS

Once the labor certification application is "certified" (i.e., approved) by the U.S. Department of Labor, the employer files an "Immigrant Petition for an Alien Worker" with the U.S. Citizenship and Immigration Services (USCIS) for the foreign worker.  If the employee is currently in the United States, the employee can also file an application for permanent residency together with work and travel authorization.