Table of Contents
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PERM Labor Certification
PERM Labor Certification Recruitment Process
Prevailing Wage Determination
Mandatory PERM Recruitment
• The legal name of the employer;
• Directions asking applicants to send their resumes to the employer; and
• A description of the job opportunity, including the geographic area of employment.
- State that “notice is being provided as a result of the filing of an application for permanent alien PERM labor Certification for the relevant job opportunity”;
- State that “any person may provide documentary evidence bearing on the application to the Certifying Officer of the Department of Labor”;
- The address of the appropriate Certifying Officer; and
- State the rate of pay for the position, which must be at least the prevailing wage Determination for the position as determined by the SWA.
- Job fairs;
- Employer’s website;
- Job search website;
- On-campus recruiting;
- Trade or professional organizations;
- Private employment firms;
- Employee referral program with incentives;
- Campus placement offices;
- Local and ethnic newspapers; or
- Radio or television.
Foreign Degree Equivalency rules in PERM Labor Certification Application
Foreign Bachelor’s Degree Issues
3 YEAR BACHELOR’S DEGREE + 1 YEAR POST-GRADUATE DIPLOMA
TWO INDEPENDENT 3 YEAR BACHELOR’S DEGREES
Foreign Master’s Degree Issues
- 4-year bachelor’s degree plus a 2-year master’s degree;
- 3-year bachelor’s degree plus a 3-year master’s degree; or
- 3-year bachelor’s degree plus a 1-year post-graduate diploma plus a 2-year master’s degree.
PERM Processing Time
PERM processing time varies from few weeks to several months. The great variation is related to workload of the Department of Labor
Avoiding in PERM labor Certification Application Schedule A Occupations
Schedule A Occupations: Group I and Group II
Schedule A Documentation
- An ETA 9089 application for permanent PERM labor certification , including a prevailing wage determination from the State Workforce Agency (SWA) in the area of intended employment; and
- A copy of the notice provided to the bargaining representative for the occupation or, if no bargaining representative exists, a copy of the notice posted for 10 consecutive business days apprising workers in the occupation of the employer’s intent to file an application for PERM labor Certification
Group I Documentation
- For physical therapists, a letter or statement signed by an authorized physical therapy licensing official in the state of intended employment, stating the foreign national is qualified to take the state’s written licensing examination for physical therapists; or
- For professional nurses, documentation that the foreign national has received a certificate from the Commission on Graduates of Foreign Nursing Schools; and documentation showing they have a permanent, unrestricted license to practice in the state of intended employment or they have passed the National Council Licensure Examination for Registered Nurses.
Group II Documentation
SCIENCE OR ART OCCUPATIONS
- Documentation of internationally recognized prizes or awards for excellence in the field;
- Documentation of membership in international associations which require outstanding achievement, as judged by recognized international experts; Published material in professional publications about the foreign national or the foreign national’s work (including the title, date, and author of such published material);
- Evidence of participation on a panel, or individually, as a judge of the work of others in the same or a closely related specialization; Evidence of original scientific or scholarly research contributions of major significance in the field;
- Evidence of published scientific or scholarly articles in the field, in international professional journals or professional journals with international circulation; or
- Evidence of the display of the foreign national’s work at artistic exhibitions in more than one country.
PERFORMING ARTS OCCUPATIONS
- Documentation of the receipt of internationally recognized prizes or awards for excellence;
- Published material by or about the foreign national, such as critical reviews or articles in major newspapers, periodicals, and/or trade journals (including the title, date, and author of such material);
- Documentary evidence of earnings commensurate with the claimed level of ability;
- Playbills and star billings;
- Documentation of the outstanding reputation of theaters, concert halls, night clubs, and other establishments in which the foreign national has appeared or is scheduled to appear; and/or
- Documentation of the outstanding reputation of theaters or repertory companies, ballet troupes, orchestras, or other organizations in which or with which the foreign national has performed during the past year in a
leading or starring capacity.
Special Handling Qualifications
Special Handling Qualifications
To be eligible as a college or university teacher for Special Handling, the foreign national must have classroom teaching or instruction duties at an accredited educational institution that offers a two-year associates degree or higher. The DOL has not specified a minimum number of teaching hours required to qualify for Special Handling, but the position must be permanent and full-time. It is important to note that faculty members who do not teach, such as researchers or librarians, are not eligible for Special Handling.
Special Handling Documentation
- The total number of applicants;
- The lawful job-related reasons why the foreign national is more qualified than every U.S. candidate;
- A final report of the faculty, student or administrative body making the recommendation or selection of the foreign national;
- A copy of at least one advertisement for the job opportunity placed in a national professional journal stating the job title, duties and requirements;
- Evidence of any other recruitment sources utilized; and
- A written statement attesting to the degree of the foreign national’s educational or professional qualifications and academic achievements.