Apart from certain jobs listed in the “Schedule A of Department of Labor (DOL) regulations & under CFR 656.10” which are in chronic shortage for U.S. employees and some specialty jobs like managerial and executive posts of MNC’s; jobs related to persons of extraordinary abilities; distinguished professors and researchers; special jobs like translators of exotic foreign languages, religious workers etc. (coming under EB1, EB5 and EB4 etc. and a National interest waiver for certain jobs under EB2); all other job categories need to get “Labor Certification” from the US DOL.
In the Labor Certification presented to the USCIS, US DOL certifies that the given category of job faces scarcity of U.S. workers in the U.S. state intended or in the country as a whole and that the wages and work conditions promised by the employer to foreign employee comply to the U.S. norms and won’t negatively affect the wages and working conditions of the existing U.S. workers in the same field.
To get the Labor certification an employer has to file an ETA Form 9089 either online by E-filing or by mail with the US DOL. However US DOL recommends E-filing.
Labor certification process which existed before 1998 was very complex and it took years to get labor certification. But in 1998 a new process called “Reduction in Recruitment” came into existence which reduced the waiting period for labor certification to months. Still it was considered a lengthy process as the industries developed at a greater pace.
Thus in March 2005 a completely computerized/electronic labor certification system known as “Program Electronic Review Management” or PERM came into existence which reduced the waiting period for labor certification to 60 days. Even though PERM was able to cut down the processing period for labor certification, the overall delay in work visa or green card processing was not improved to much better levels as there was always a limit to the annual quotas of work visas and green cards approved by the U.S. congress.
As stated earlier the standards used in PERM oriented labor certifications for specific job categories are:
- a) Availability of U.S. workers for a particular job in the local and national perspective with minimum prescribed abilities, qualifications and work experience.
- b) Any adverse effect of the employment of a foreign citizen on the wages and working conditions of the U.S. workers who are employed in similar jobs.
- c) Meeting of procedural requirements of regulations for employment of a foreign national and other wage and working condition standards as per U.S. norms, by the employer
Gavlin & Associates, P.C., NY has vast experience in the work visa and green card based on employments sections of immigration procedures and can guide you perfectly through the whole process of visa application, labor certification by PERM E-filing (ETA Form 9089), filing petition for alien worker (Form I-140), and all other forms filing like Forms I-485, I-693, I-131, I485A, I-601, and getting copy of Notice of action Form I797 etc.