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PERM Labor Certification Frequently Asked Questions

What is the purpose of the PERM labor certification process?

The purpose of the PERM labor certification process is to determine whether there are qualified and available U.S. workers to fill a specific job position offered to a foreign worker. It is a key step in obtaining an employment-based green card.

Who is eligible for PERM labor certification?

Foreign nationals who have a valid job offer from a U.S. employer in certain employment-based immigrant categories, such as EB-2 and EB-3, are eligible for PERM labor certification.

How does the PERM labor certification process work?

The process generally involves the following steps:

The employer conducts a labor market test, including recruitment efforts to advertise the job position to U.S. workers.

If no qualified U.S. workers are found, the employer files a PERM labor certification application with the U.S. Department of Labor (DOL).

DOL reviews the application to ensure compliance with regulations.

If the application is approved, the employer can proceed with the next steps in the green card process, including filing an immigrant petition with U.S. Citizenship and Immigration Services (USCIS).

What recruitment efforts are required for PERM labor certification?

Recruitment efforts typically include placing job ads in newspapers, posting the job on a state workforce agency website, and conducting other recruitment activities to attract U.S. workers. The specific requirements may vary based on the job position and industry.

How long does the PERM labor certification process take?

The processing time for PERM labor certification can vary widely, but it often takes several months. Delays can occur due to factors such as DOL backlogs and the complexity of the case.

Can I change employers while my PERM labor certification is pending?

Changing employers during the PERM labor certification process can be complex and may require starting the process over with the new employer. Consult with your immigration attorney for guidance.

What happens if the PERM labor certification application is denied?

If the PERM labor certification application is denied, the employer may choose to refile the application if they believe that the denial was based on incorrect information or a misunderstanding of the requirements.

Can my family members (spouse and children) benefit from my PERM labor certification?

Your immediate family members (spouse and unmarried children under 21) may be eligible to apply for green cards as derivative beneficiaries based on your employment-based green card application once you receive the approved labor certification.

Is there a numerical cap on the number of PERM labor certifications issued each year?

There is no numerical cap on the number of PERM labor certifications issued by the U.S. Department of Labor each year.

Can I apply for U.S. citizenship (naturalization) after obtaining an employment-based green card through PERM labor certification?

Yes, after being a lawful permanent resident for a specified period, you may be eligible to apply for U.S. citizenship through the naturalization process.
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