PERM (Labor Certification)

Basic Summary

Permanent Labor Certification is issued by the Department of Labor (DOL) and allows the employer to hire a foreign worker to work permanently in the United States. In most instances, before a U.S. employer can submit an immigration petition to USCIS, the employer must obtain an approved Labor Certification from the DOL’s Employment and Training Administration. The DOL must certify to USCIS that there are no qualified U.S. workers able, willing, qualified, and available to accept the job at the prevailing wage for the occupation in the area of intended employment, and that employment of the alien will not adversely affect the wages and work conditions of similarly employed U.S. workers.

Countries

Nationals of all countries are eligible to participate in the PERM program.

Quotas

There are no quotas associated with the Labor Certification program.

Spousal and Dependent Work Authorization

Spouses are not given any employment benefit via the Labor Certification program.

Duration

Approved Labor Certifications must be filed with the USCIS within six months of the issuance of the Labor Certification. Once a Labor Certification is issued, the applicant can file Form I-140 with USCIS.