PERM Labor Certification

Frequently Asked Questions & Answers

1. What is Foreign Labor Certification?

The Foreign Labor Certification is a requirement for U.S. employers seeking to employ either:

  1. Certain persons whose immigration to the U.S. is based on job skills; or
  2. Nonimmigrant temporary workers coming to perform services for which qualified authorized workers are unavailable in the U.S.

2. What is the purpose of Forein Labor Certification?

A Foreign Labor Certification contains attestations by U.S. employers as to the:

  1. Numbers of U.S. workers available to undertake the employment sought by an applicant
  2. Effect of the alien’s employment on the wages and working conditions of U.S. workers similarly employed
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3. What kind of work qualifies for a permanent Labor Certification?

Under the permanent labor certification process, the job must be:

  1. Full time and permanent for which the employer is ready to hire an available qualified U.S. worker
  2. One where an employer employee relationship exists, evidenced by the employer’s ability to hire, supervise and provide payment to the employee
  3. One in which generally, the job duties are be consistent with those defined in the Dictionary of Occupational Titles and normally required for the job in the U.S.
  4. One where the hiring requirements conform to the Department of Labor’s data for usual experience and education standards common to the occupation and the industry
  5. One that is not tailored to the qualifications of the foreign worker
  6. One that does not include requirements for a language other than English, without written justification

4. What is the filing procedure for Labour Certification?

Employer files an application on behalf of the foreign worker

  1. Change to any other nonimmigrant status
  2. The application is filed on Application for Permanent Employment Certification, Form ETA-9089 with the foreign Labor Certification unit of the State Workforce Agency (SWA)

5. Can I file the Labor Certification application online?

Yes, the LCA Online System has been developed by the Division of Foreign Labor Certification to allow employers or their agents, who intend to employ alien worker(s) for a temporary period in professional occupations or as fashion models the ability to file LCAs – Form ETA-9035E, Labor Condition Application, with DOL via the web.