Each year, the United States sets aside about 140,000 green cards for people immigrating based on job offers. Most of these workers are sponsored by U.S. employers, who must take specific legal steps to bring them to the United States. One of the first steps in that process is securing a labor certification through the Department of Labor (DOL).
At Rahimi Law Firm, P.C., we work with employers and immigrant workers across New York to make sure the labor certification process is handled properly, so everyone can move forward with confidence.
Why Labor Certification Matters
Labor certification plays a central role in the employment-based green card process. Before an employer can move forward with sponsoring a foreign worker, they must prove to the U.S. Department of Labor that two specific conditions are met:
- There are not enough qualified, available, and willing U.S. workers to fill the position at the required wage.
- Hiring a foreign worker will not harm the wages or working conditions of similarly employed U.S. workers.
The DOL uses this certification to protect the interests of the domestic labor market. Employers are expected to make a real effort to find a U.S. worker first and to offer a wage that meets or exceeds the prevailing wage for the role.
If these standards aren’t met or if the process isn’t followed exactly, the application can be denied, and the entire green card process comes to a halt. When labor certification is done properly, it lays the groundwork for a smooth transition to the next step in securing permanent residency.
The PERM Process Step by Step
The labor certification process, also known as PERM, is a multi-step system that requires careful planning and documentation. Here’s a look at what it involves:
1. Define the job and its requirements.
The job description must reflect the real duties of the position, not just match a specific person’s background. Employers need to be honest and consistent with industry standards.
2. Request the prevailing wage.
The employer must submit a prevailing wage request to the U.S. Department of Labor. This sets the minimum salary the foreign worker must be offered based on the job duties and location.
3. Conduct recruitment efforts.
Employers are required to advertise the job and attempt to hire a U.S. worker. This usually includes:
- Placing ads in two Sunday editions of a local newspaper
- Posting the job with the state workforce agency
- Posting the job internally at the workplace
- For professional positions, choosing three additional recruitment methods (such as job fairs, online postings, or campus recruiting)
4. Review and document results.
The employer must consider all applicants and keep detailed records showing why no qualified U.S. worker was hired.
5. File Form ETA 9089.
Once the recruitment period is over, and if no U.S. worker is hired, the employer can file the PERM application electronically.
6. Wait for review or audit.
Most applications are approved within a few months, but some are randomly selected for audit. If this happens, the employer will need to submit documentation proving all the steps were followed correctly.
We stay in close contact with employers throughout the entire process to help ensure things stay on track and comply with the rules.
Common Challenges and How We Can Help
Labor certification can be time-consuming and detail-heavy. Common issues include:
- Job descriptions that are too narrow and appear tailored to one person
- Errors in the prevailing wage request, leading to delays or incorrect wages
- Missed recruitment steps or ads placed in the wrong publications
- Incomplete records, which can be a problem if the case is audited
- Timing issues, such as expired wage determinations or recruitment windows
These issues can slow down or derail the green card process. At Rahimi Law Firm, we help employers avoid these pitfalls by making sure every step is handled correctly from the start.
Who Needs Labor Certification?
Not every employment-based green card requires labor certification, but many do. Here’s a quick overview:
Labor certification is required for:
- EB-2 visas (for workers with advanced degrees or exceptional ability, unless applying for a National Interest Waiver)
- EB-3 visas (for professionals, skilled workers, and some other workers)
Labor certification is not required for:
- EB-1 visas (for multinational executives, outstanding researchers, and individuals with extraordinary ability)
- EB-2 National Interest Waiver applicants
- Certain religious workers or investors
If you’re not sure whether labor certification applies to your case, we can help you figure it out during your consultation.
Contact Our Experienced New York Immigration Attorneys
Labor certification is a big step toward getting a green card, but only if it’s done properly. At Rahimi Law Firm, P.C., we help employers and foreign workers across New York prepare and file labor certification applications that meet all the Department of Labor’s requirements.
If you’re ready to begin the process or want to make sure your current application stays on track, we’re here to help. Contact us today to schedule a consultation.