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Labor Certification Under PERM - Frequently Asked Questions


What is Foreign Labor Certification?

The Foreign Labor Certification is a requirement for U.S. employers seeking to employ either:

  • Certain persons whose immigration to the U.S. is based on job skills; or
  • Nonimmigrant temporary workers coming to perform services for which qualified authorized workers are unavailable in the U.S.

What is the purpose of Forein Labor Certification?

A Foreign Labor Certification contains attestations by U.S. employers as to the:

  • Numbers of U.S. workers available to undertake the employment sought by an applicant
  • Effect of the alien’s employment on the wages and working conditions of U.S. workers similarly employed

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What kind of work qualifies for a permanent Labor Certification?

Under the permanent labor certification process, the job must be:

  • Full time and permanent for which the employer is ready to hire an available qualified U.S. worker
  • One where an employer employee relationship exists, evidenced by the employer's ability to hire, supervise and provide payment to the employee
  • One in which generally, the job duties are be consistent with those defined in the Dictionary of Occupational Titles and normally required for the job in the U.S.
  • One where the hiring requirements conform to the Department of Labor's data for usual experience and education standards common to the occupation and the industry
  • One that is not tailored to the qualifications of the foreign worker
  • One that does not include requirements for a language other than English, without written justification
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