Labor Certification is a requirement, which must be filed by U.S. employers seeking to employ certain persons whose immigration to the United States is based on job skills. U.S. employers, whose non-immigrant temporary workers are also coming to the United States to perform services for which qualified, authorized U.S. workers are otherwise unavailable, must also file this requirement.
Labor certification is issued by the Secretary of Labor and contains attestations by such U.S. employers regarding the numbers of U.S. workers that are available to undertake the employment sought by an applicant, as well as on the effect the alien’s employment will have on the wages and working conditions of U.S. workers similarly employed.
Determination of labor availability in the United States is made at the time of a visa application and at the location where the applicant wishes to work.
PERM (“Program Electronic Review Management Process”) is the procedure for applying for labor certification. It was developed by the Dept. of Labor to streamline the filing for and processing of foreign workers. PERM is also the first step of the green card process for foreign nationals seeking permanent residence through their employment.