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A foreign national who has been offered a permanent employment in the United States are required to establish a basis of eligibility for filing an employment-based petition, either by labor certification, or under a schedule A category. You need to get an Alien Employment Certification if you are a foreign national who has been offered a permanent job in the United States, but unable to meet the criteria for labor certification exemption. By any circumstance that US workers are unable, unwilling or not qualified for the position, the permanent position may be handed to a foreigner under the protection of the U.S. Department of Labor.
More measured are still being designed to protect U.S. workers under the Program Electronic Review Management or PERM, that is intended to facilitate faster labor determinations. All recruitment should be conducted before filing the application for the PERM process, and six months from the date of filing, recruitment should be conducted. Once the application of the employer for labor certification is received, there will be a verification of the job at the prevailing wage, posting the job opening for thirty days on the recruitment system, and the employer advertising the position in a newspaper or trade journal. The DOL software will review every labor certification application based on set rules, and it will decide upon criteria selected, pulling problematic applications from the audit. The system-programmed denial reasons may include the following: expiration of prevailing wage determination from SWA; the job order did not run for 30 days; the labor certification application submission was less than 30 days from the end of completion of the last step of recruitment, job posting, and job order; and the labor application listed on the Form 9089 is more than the 180-/30-day recruitment period. The initial review also include contacting the employer via phone or email to ensure that they’re offering the job to the foreign worker.
As long as the audit letter has been completed and with consistency on Form 9089 by the DOL, the application will be certified either as application approved, application denies, or supervise recruitment. Once the labor certification has been issued, it is valid indefinitely as long as the job offer remains available. No amendment or modification is allowed once the labor certification application has been submitted. It is the role of the USCIS to evaluate if the changes can affect the validity of the certification if the changes can be made or not. Are you willing to learn more about labor certification or PERM? Allow us to help you with our labor certification services, feel free to check our homepage or website now.