Labor Certification Usa-PERM

Labor Certification USA(LC)-About Labor Certification USA:

Labor Certification (referred to as LC), also known as "foreigners work permit" is the U.S. government to protect its domestic labor market, the impact from immigration, the development of relevant immigration policy. Labor Certification is the U.S. Department of Labor (DOL) to U.S. Immigration (USCIS) for a proof if the alien obtained permanent work in the United States, and will not take away U.S. workers (U.S. citizens, permanent residents, or some special foreigners work permit) job opportunities.

The PERM (Program Electronic Review Management Process, referred to as PERM) is the U.S. government on March 28, 2005 on the development of a new labor certification process. According to PERM law, from March 28, 2005 after all the labor certification will no longer use or RIR labor certification before the traditional procedure to deal with, but must be submitted by the PERM program. To distinguish between the traditional labor certification application process, we present a new work permit, also known as PERM labor certification application process the application procedure, referred to as PERM labor certification.

According to the legal labor certification provisions of 20 CFR § 656, the purpose is very simple work permit, employers apply for work permits for foreign workers, the need to conduct a series of recruitment activities to test the job market, that can not find U.S. workers to meet minimum standards . In other words, as long as meet the minimum standards of American workers want to work for an employer, the employer going to hire the U.S. workers, but this can not be employed foreign workers. In addition, the employment of foreign workers will not harm other U.S. workers' wages and working conditions that employers can not hire cheap foreign labor.

The new PERM labor certification application process and the traditional labor certification application process before the main difference is that in the PERM application process, employers PERM applications submitted through the network, of course, an employer can also choose to apply by mail. Network PERM labor certification application is only to submit an application, the employer need not submit any additional recruitment records, candidates resume, recruitment results and final recruitment report. But the employers to submit labor certification application, the necessary recruitment activities all ready to prepare for the Labor Department documents verification (Audit). Labor Department officials in the main trial (CO) the right to verify each application. If the presiding officer of any application that does not meet the requirements of the Department, may be issued a verification notice to the employer requiring the employer to explain. Employers should notify the Department of Labor issued a check within 30 days after submission of all required documents. Otherwise, the application automatically rejected, and the employer shall within six months of filing the same application. If the application is rejected for some reason, the employer may appeal to the authorities. Department of Labor (DOL) is generally 45 to 60 days for PERM labor certification application shall be determined. However, the impact of the recent economic crisis, a slow labor certification proceedings the trend. As the current number of applicants, increasingly stringent legal requirements, the employer before making the application, should be fully prepared to work.

The establishment of labor certification, the second major priority for employment-based immigration (EB-2) and the third priority (EB-3). These two types of employment-based immigration applications, must first apply for a work permit, the only exception is the second priority of the National Interest Waiver (NIW) applications for immigration, it does not apply for a work permit, you can directly apply for emigration.
In addition, the labor certification is required by the U.S. employer based on their job requirements, an application for foreign workers, so the foreign workers, whether within or outside the United States, U.S. employers can apply for a work permit, provided that the applicants also must meet state labor the conditions.
In the labor certification is approved, the employer then the applicant to submit to the USCIS I-140 employment-based immigration applications. From July 16, 2007, the immigration provisions of the labor certification is valid, its validity is 180 days after approval of work permits. After the approval of all work permit must be approved within 180 days after the USCIS I-140 employment-based immigration to submit an application, or a work permit will lapse. Labor Certification I-140 stage is the application of important employment-based immigration documents, if the file is invalid will not make employment-based immigration applications.

Under the new regulations, in employment-based immigration applications, labor certification beneficiaries and employers can not be replaced. The new regulations also require labor certification process costs incurred, including legal fees, must be paid by the employer, not the employees pay.